Update on IEEPA Tariffs – What This Means for You
IEEPA Tariff Update – No Changes for Right Now
What Happened
The Federal Circuit Court of Appeals (CAFC) ruled on Aug. 29, 2025, in the case V.O.S. Selections, Inc. v. Trump about the IEEPA tariffs (Reciprocal, Fentanyl, and Border tariffs).
Key Points
Tariffs Exceeded Presidential Authority: The court agreed that these tariffs went beyond what the IEEPA law allows. It said the executive orders imposing these tariffs are invalid.
THE COURT DID NOT STOP COLLECTION: Even though the tariffs were found unlawful, the court removed the nationwide injunction that was blocking the government from collecting them. Result: Customs is still collecting the tariffs.
Why? The case is being sent back to a lower court (CIT) to decide if an injunction is appropriate and how broad it should be. This process could take time.
Possible Supreme Court Review: The CAFC paused things until Oct. 14, 2025, to give parties a chance to ask the Supreme Court to weigh in before the case returns to CIT.
Other Tariff Options Still Exist: Even if these IEEPA tariffs are permanently struck down, the administration could use other laws (like Section 122 of the Trade Act of 1974) to impose tariffs.
What This Means for Importers
Nothing changes right now. You still must pay IEEPA tariffs at entry.
Watch your entries. Some proactive strategies include:
Track all entries where IEEPA duties were paid.
Requesting liquidation extensions from Customs prior to entry liquidation.
Filing Protests if entries liquidate to preserve rights for potential refunds later.
Official Decision link: CAFC Opinion – Aug. 29, 2025
For assistance and additional questions, please reach out to Janel Group's Compliance Team or a Janel Group Representative.
Director of Trade Compliance
Senior Compliance Analyst