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Importers should consider filing lawsuits to secure their rights to potential refunds after a trade court ruled President Donald Trump illegally imposed a temporary 10% global tariff, trade lawyers told Supply Chain Dive.
The May 7 ruling by the U.S. Court of International Trade applied to only three plaintiffs challenging Trump’s use of Section 122 of the Trade Act of 1974 to impose global levies. The federal government filed an appeal the next day, and the court this week agreed to allow the tariffs to be collected during the process.
Before the latest ruling, the court appeared to be “quietly broadcasting that the relief is limited to the named plaintiffs, and so, if you want help, you have to come and get it,” Alexander Schaefer, a partner at Crowell & Moring, said. “That’s going to mean filing complaints and asking for an injunction, getting the same relief that the plaintiffs in this case got.”
Schaefer had also predicted that the administration would likely ask the appellate court to continue collecting the tariff during the legal proceedings.
