“Dear Importers,
On May 28, 2025, CIT ruled the IEEPA tariffs unlawful on both the fentanyl and reciprocal tariffs. The government has 60 days to file an appeal in which it most likely will. As of now everything is still imported under IEEPA fentanyl and IEEPA blanket 10%. We will keep you posted.”

The following analysis was provided by NCBFAA Legislative Advisor Nicole Bivens Collinson of Sandler, Travis & Rosenberg, P.A.

Sandler, Travis & Rosenberg, P.A. (ST&R) noted the Court of International Trade (CIT) on May 28 ruled the IEEPA tariffs are unlawful. The Court has issued a combined opinion in V.O.S Selections Inc. et al v. Donald J. Trump et al: Court No. 25-66 and The State of Oregon et al v. Donald J. Trump et al: Court No 25-77, finding that IEEPA did not authorize the imposition of either the reciprocal or fentanyl tariffs. As such, the Court determined that the executive orders must be vacated, and their operation permanently enjoined which means that Customs and Border Protection (CBP) should not collect the tariffs. The CIT will soon issue such an order instructing the repeal of the tariffs. The Government has 60 days to file its appeal and is almost certain to seek a stay of the order (suspending the repeal) pending a decision on appeal.

For the immediate term, tariffs are likely to continue to be collected, and it is not yet clear whether or when refunds will be issued, or if they will be automatic. Further information will be provided after the order is issued. However, it is critical for importers to monitor the liquidation of entries on which tariffs were paid to file protests. Post Summary Corrections will not yet be available due to the constraints of the ACE system. ST&R is prepared to assist importers to file protests as necessary to preserve and protect importers’ rights to refunds in accordance with the CIT decision.

First tariffs Feb 4. Liquidation mid-December. Protest deadline mid-June 2026. There is time to protest if necessary.

Meanwhile, NCBFAA will continue to keep our members updated about the U.S. tariffs through the Monday Morning eBriefing and eblasts, and a dedicated IEEPA Tariffs webpage on our website.

Attention: The Monday Morning eBriefing (MMeB) and other communications of the NCBFAA are the exclusive property of the Association. Unauthorized use by any person or firm which is not a member in good standing is strictly prohibited.