On Wednesday, May 28, 2025, the U.S. Court of International Trade published their decision to strike down President Trump’s IEEPA Fentanyl and Reciprocal tariffs. As expected, the Trump Administration appealed the CIT decision and requested a stay on implementation.

On Thursday, May 29, 2025, the U.S. Court of Federal Appeals granted a TEMPORARY stay of implementation. The court is giving the plaintiffs in the case until June 5, 2025 to respond to the Trump administration’s request for a stay. The Trump administration will then have until June 9, 2025 to respond.

What happens next? Do Importers still have to pay the IEEPA fentanyl and/or reciprocal tariffs?
Yes. During the period of the TEMPORARY stay of implementation, importers will still need to pay the IEEPA fentanyl/or reciprocal tariffs. Importers need to wait for the courts to review the responses and decide whether or not to extend the stay of implementation as requested by the Trump Administration.

If the courts grant the stay of implementation, then importers will continue to pay the IEEPA fentanyl and reciprocal tariffs until the entire appeals process is complete.

If the courts do NOT grant the stay, then we believe CBP will be given 10 days from that decision to adjust their system so that imports will no longer be subject to the IEEPA fentanyl and reciprocal tariffs while the appeals process winds its way through the court system.

How long will the actual appeals process take?
Unless the courts fast track the appeal, the actual appeals process may take years to play out.

Will importers be able to collect back tariffs already paid?
The CIT did NOT order the U.S. government to issue refunds. This doesn’t mean that the U.S. government won’t issue refunds if they lose the appeal.  We will need to wait for more information regarding this process pending the decision from the court of appeals to grant the stay of implementation as well as the appeal of the actual case itself.