After the U.S. Court of International Trade (CIT) dealt a potential setback to the reciprocal tariffs imposed by President Donald Trump , the U.S. Court of Appeals for the Federal Circuit in Washington provisionally suspended enforcement of the ruling in order to review the case.
It’s worth noting that the CIT’s unanimous ruling found that the tariffs imposed under the International Emergency Economic Powers Act (IEEPA) , specifically the reciprocal tariffs and those related to the fentanyl emergency, are unlawful, prompting the court to rescind the executive orders and permanently bar their enforcement.
After that, and despite the court’s declaration that the United States Constitution grants the U.S. Congress exclusive powers to regulate trade with other countries, which are not overridden by the president’s emergency powers to safeguard the economy, Trump, as always, dismissed the ruling and filed an appeal .
Thursday’s new ruling does not overturn the ruling, but rather suspends its application as a precautionary measure while the case is reviewed, which is a relief for the US president.
“The request for immediate administrative suspension is granted to the extent that the judgments and final injunctions issued by the Court of International Trade in these cases are temporarily suspended until further notice, while this court reviews the briefs on the motions,” the ruling stated.
It also stated that “Plaintiffs-appellees are ordered to respond to the U.S. stay requests no later than June 5, 2025. The United States may file a single consolidated response in support of the same no later than June 9, 2025. ”
Regarding the ruling of the International Trade Court the day before, Adrian Gonzalez , president of Global Alliance Solutions LLC , had indicated that it was expected that the United States Customs and Border Protection Office (CBP) would receive official instructions to stop collecting such tariffs in the coming days, he stated through an analysis carried out.
The specialist indicated that the tariffs declared illegal are:
- 10% reciprocal rates applicable to virtually the entire world except Mexico and Canada.
- For emergency 25% fentanyl for products imported from Mexico or Canada when they do not qualify as originating under the United States-Mexico-Canada Agreement (USMCA) .
- 20% tariff on products from China in the context of the same fentanyl measure.
The CIT ruling did not affect tariffs imposed under other laws, such as those on steel and aluminum, as well as those on vehicles imported into the United States.
“This ruling does not affect other trade measures in place, such as tariffs under Section 232 (steel, aluminum, automobiles, and auto parts), Section 301 (products originating in China), the General Tax, or antidumping or countervailing duties (AD/CVD),” Adrián González said in a statement.
González considered the ruling a positive step forward for foreign trade, although he clarified that it was important to consider the possibility that the U.S. government could request a suspension of the order so that the tariffs could continue to be applied while the appeal was resolved, which occurred this Thursday.
Sheinbaum’s reaction
Mexican President Claudia Sheinbaum announced that the Ministry of Economy will analyze the scope of the CIT’s resolution to block the implementation of most of the tariffs imposed by the U.S. government.
“We’ll see how far it goes. We learned about this resolution yesterday, and today the Secretary of Economy and his team will analyze its implications,” he emphasized during Thursday’s morning press conference.
He indicated that the United States government will file a counterclaim, “so we’ll see exactly what the scope of the claim is and we’ll be happy to let you know.”
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