Tariff Tactics

Our previous post summarized predictions as to whether and how the Supreme Court may invalidate International Emergency Economic Powers Act (“IEEPA”) tariffs in its forthcoming decision in Trump v. V.O.S. Selections, Inc.  Speculation continues as to when the Court will issue its decision.  Many observers believed a decision was forthcoming when we last posted on IEEPA refund topics.  Others thought that one would issue January 14, which did not occur.  This post provides an overview of practical steps importers can take to prepare before a decision issues.  Importers should:

With indications that the Supreme Court may issue its decision in Trump v. V.O.S. Selections, Inc. imminently, attention has understandably focused on the headline question: does the International Emergency Economic Powers Act (“IEEPA”) authorize the tariffs imposed beginning in early 2025? For importers and tariff refund litigants, however, how the Court reaches its decision—and how it frames relief—may prove just as consequential as the holding itself.

While prediction can be a dangerous business, we provide our advance predictions here on three issues of ...