US Court Strikes Down Trump’s IEEPA Reciprocal and Opioid Tariffs

On Wednesday evening, May 28, 2025, the US Court of International Trade (CIT) ruled that the Trump Administration has made improper use of the International Emergency Economic Powers Act (IEEPA) to produce the major tariffs he has leveraged US trade policy with since he took office. The court has subsequently ordered that the tariffs Trump has issued under IEEPA be “vacated and their operation permanently enjoined.”

Using the IEEPA, the Trump Administration produced tariffs in February, 2025 against Canada, Mexico, and China on the grounds that Fentanyl traffic by and through these countries “constitutes an unusual and extraordinary threat” to the United States, and then in April of the same year produced multiple, sweeping tariffs – including a baseline tariff of 10% on goods from all countries and up to a 125% rate against goods from China –  on the grounds that US trade deficit also “constitutes an unusual and extraordinary threat” to the national security of the United States.

The CIT has ruled that the Trump Administration’s use of IEEPA to produce these tariffs is unlawful. The Trump Administration, in the meantime, has filed a notice of appeal. At the time of writing, there has been no order from the White House or from Customs and Border Protection (CBP) that they will cease to impose the tariffs on active US Imports. In the event that they do, the Trump Administration may seek other legal avenues to pursue its protectionist trade policy. The key takeaway at this time is that the CIT’s ruling signals more developments to come.

Allyn International’s service suite includes consultation on current and developing issues in the US trade community. Reach Allyn here for a consultation or, contact us sales@allynintl.com or 239-489-9900.

Contributor: Andrew Dosher

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