Navigating Uncertainty: How Recent IEEPA Tariff Rulings Impact the Maritime Industry
KEITH B. LETOURNEAU AND HOLLI B. PACKER
KEITH B. LETOURNEAU PARTNER
HOLLI B. PACKER ASSOCIATE
On May 28, 2025, the United States Court of International Trade(“ CIT”) issued a landmark decision in V. O. S. Selections, Inc. v. United States, 1 holding that tariffs imposed by the President under the International Emergency Economic Powers Act(“ IEEPA”) exceeded the statutory authority granted by Congress. The CIT vacated the challenged tariff orders and permanently enjoined their enforcement nationwide. However, less than 24 hours later, the U. S. Court of Appeals for the Federal Circuit temporarily stayed the CIT’ s order, preserving the tariffs while the government’ s appeal is pending. A separate decision from the D. C. District Court also found the President’ s IEEPA tariffs to be beyond the scope of the statute, though it imposed a more limited injunction. 2
The CIT’ s decision is significant for the maritime industry, as it directly challenges the President’ s ability to impose broad, unbounded tariffs on imports under IEEPA. The CIT emphasized that IEEPA does not grant the President unlimited authority to regulate importation through tariffs, and that any such delegation of power must be clearly limited and guided by statutory principles. The CIT found that the tariffs in question— ranging from a 10 percent rate on all imports to higher, country-specific duties— were not sufficiently tied to the“ unusual and extraordinary threat” required by IEEPA and lacked meaningful limitations in scope or duration.
Immediate Impact on the Maritime Industry Although the CIT’ s decision would have set aside all tariffs imposed under the challenged executive orders, the Federal Circuit’ s stay means that these tariffs remain in effect for now. This ongoing legal uncertainty has several immediate implications for the maritime industry:
• Continued Tariff Collection. Maritime carriers, freight forwarders, and port operators must continue to process shipments subject to the existing tariffs, as the stay preserves the status quo pending further judicial review.
• Operational Uncertainty. The potential for a sudden removal or reinstatement of tariffs creates significant unpredictability for shipping schedules, contract negotiations, and supply chain planning. Maritime stakeholders should be prepared for rapid changes in tariff policy as the litigation progresses.
• Customs and Compliance Considerations. Importers and logistics providers must remain vigilant in tracking the status of the litigation and any changes to tariff enforcement. Accurate documentation and compliance with current tariff requirements remain essential to avoid penalties or delays.
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1. cit. uscourts. gov / sites / cit / files / 25-66. pdf 2. courthousenews. com / wp-content / uploads / 2025 / 05 / contreras-blocks-certain-trump-tariffs. pdf
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