On March 27, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration Inc. v. United States, updating his March 20, 2026 order regarding refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). (For background on the March 20, 2026 order, see
Court of International Trade
CIT Judge Further Amends IEEPA Order, Noting Protests for Liquidated Entries
On March 20, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) issued another Order in Atmus Filtration Inc. vs. United States regarding refunds of duties paid under the International Emergency Economic Powers Act (IEEPA). In summarizing the CIT’s March 19, 2026 closed conference with plaintiff and government legal counsel, the…
Eaton Formally Assigned IEEPA Tariff Refund Litigation, Signals New Lead Case
On March 17, 2026, Chief Judge Mark Barnett of the U.S. Court of International Trade (“CIT”) issued an order of reassignment transferring cases seeking refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”) to CIT Senior Judge Richard Eaton. Chief Judge Barnett’s order effectively ratified Judge Eaton’s March 4, 2026 order in…
CBP Reports Progress on IEEPA Tariff Refund Process
On March 12, 2026, Judge Richard Eaton of the U.S. Court of International Trade (CIT) held a second conference with the parties in the Atmus Filtration, Inc. vs. United States, et al. litigation matter regarding the progress of Customs and Border Protection (CBP) in establishing a process and procedures to allow for automated refund of…
CIT Suspends Earlier Order Directing IEEPA Tariff Refunds
On March 6, 2026, Judge Richard Eaton of the U.S. Court of International Trade (CIT or Court) held a closed conference in Atmus Filtration, Inc. vs. United States, to continue the Court’s process in determining how the International Economic Emergency Powers Act (IEEPA) tariffs can be refunded to importers of record. At the conclusion of…
CIT Orders Refund of IEEPA Tariffs
On March 4, 2026, in Atmus Filtration, Inc. vs. United States, Judge Richard Eaton of the U.S. Court of International Trade (CIT) issued an order, referencing the U.S. Supreme Court’s February 20, 2026 ruling in Learning Resources, Inc. v. Trump declaring International Emergency Economic Powers Act (IEEPA) tariffs unlawful, that: (1) “[a]ll importers…
Federal Circuit Clears Path for CIT to Oversee IEEPA Tariff Refund Process
On March 2, 2026, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a per curiam order granting the plaintiffs’ February 24, 2026 motion in V.O.S. Selections v. Donald J. Trump, et al. to immediately issue the Federal Circuit’s mandate, remanding the case to the U.S. Court of International Trade (“CIT”) for…
After U.S. Supreme Court Invalidates IEEPA Tariffs, Trump Administration Turns to Other Options – What Importers Need to Know
In a 6-3 ruling, the Supreme Court of the United States ruled that the International Emergency Economic Powers Act (IEEPA) does not grant the president power to impose tariffs. In response, President Donald Trump issued a temporary 10% tariff on all imports pursuant to Section 122 of the Trade Act of 1974. Importers of record…
Plaintiffs in China Section 301 Tariff Litigation File Petition with U.S. Supreme Court Seeking Review of Federal Circuit Decision
On February 20, 2026, lead counsel for the plaintiff group in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.), filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking review of the U.S. Court of Appeals…
U.S. Supreme Court Invalidates IEEPA as a Lawful Authority to Impose Tariffs
On February 20, 2026, the U.S. Supreme Court (SCOTUS) in a 6-3 ruling determined that President Donald Trump’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs was unlawful. In its decision, the SCOTUS stated: “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints. …