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September 2, 2025

Federal Circuit Rules on IEEPA Tariffs: Duties Remain in Place

On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit ruled that the reciprocal tariffs and fentanyl-related tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded presidential authority. This does not change the current collection of IEEPA tariffs by CBP.

CBP will continue collecting tariffs while the Supreme Court prepares to hear the cases, with arguments scheduled for early November.

Importers should closely monitor the liquidation of any entries where the subject tariffs were paid. Doing so ensures you are positioned to file timely protests, should a refund opportunity become available. If you have any questions or need assistance, please contact your local Mallory Alexander representative.

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