US, Sandler Travis Agree CIT Can Order IEEPA Tariff Refunds If SCOTUS Vacates Tariffs
The U.S. and attorneys at Sandler Travis filed a joint stipulation in all of the firm's recent cases filed to preserve refund rights should the Supreme Court strike down President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act.
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Under the joint stipulation, the U.S. said it "will not oppose the Court’s authority to order reliquidation of entries of merchandise subject to the challenged IEEPA duties and that they will refund any IEEPA duties found to have been unlawfully collected," after the high court makes a final decision.
While such assurances were enough for Sandler Travis, attorneys at Crowell & Moring continue to litigate the issue of relief, urging the Court of International Trade to suspend liquidation of affected entries until the Supreme Court issues its decision (see 2512120033). The Crowell attorneys argue that the liquidation pause is needed, since the trade court may not have the authority to order reliquidation for entries that have become finally liquidated.