Federal Circuit stays CIT IEEPA-tariff ruling pending expedited appeal

On 29 May 2025 the U.S. Court of Appeals for the Federal Circuit in V.O.S. Selections, Inc. v. Trump, No. 2025-1812, issued a per curiam administrative stay of the U.S. Court of International Trade’s 28 May 2025 judgment and permanent injunction against the IEEPA-based tariffs, consolidated the appeal with State of Oregon v. Trump (lead state-plaintiff coalition of twelve states) and set an expedited briefing schedule.¹ The CIT panel of Judges Gary S. Katzmann, Timothy M. Reif and Jane A. Restani had on 28 May 2025 vacated Executive Orders 14193, 14194, 14195, 14257, 14259 and 14266, holding that the orders “exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” and gave U.S. Customs and Border Protection 10 days to issue implementing guidance.² The Federal Circuit’s administrative stay freezes the case pending decision on the government’s stay-pending-appeal motion under Federal Rule of Appellate Procedure 8(a)(2) and Federal Rule of Civil Procedure 62(d), to be decided on the four-factor Nken v. Holder, 556 U.S. 418, 434 (2009), test.³⁴⁵ CBP resumed collection of the IEEPA duties under HTSUS Chapter 99 subchapter III at the CSMS-specified subheadings on entries on or after 29 May 2025.⁶

1. The Federal Circuit has exclusive jurisdiction over appeals from the U.S. Court of International Trade under 28 U.S.C. § 1295(a)(5), and its decisions are reviewable only by the Supreme Court on certiorari under 28 U.S.C. § 1254.⁷⁸ An administrative stay preserves the immediately pre- judgment status — IEEPA collections continuing — pending decision on the substantive stay motion; it carries no merits assessment.

2. The expedited briefing schedule set opening briefs by 30 June 2025, response briefs by 21 July 2025, and oral argument for 31 July 2025; the en banc expansion and any subsequent merits decision post-date this article and are reported separately.⁹

3. Entries between the 28 May 2025 CIT judgment and the 29 May 2025 administrative stay remained subject to potential refund pending the merits disposition. Importers preserving refund rights protested liquidations under 19 U.S.C. § 1514 for liquidated entries or filed Post Summary Corrections for unliquidated entries within applicable windows; refunds run through the statutory chain at § 1514 (protests, with the 180-day window of § 1514(c)(3)), § 1520 (refunds and errors) and § 1505(c) (interest on refunds).¹⁰

Corrections

• 2026-09-24: The post captioned the Federal Circuit case V.O.S. Selections, Inc. v. United States. The Federal Circuit captions it V.O.S. Selections, Inc. v. Trump, No. 2025-1812, and cites this order under that name; “v. United States” is the caption of the Court of International Trade’s opinion. The footnote on that opinion also named the state case State of Oregon v. Trump; the opinion captions it State of Oregon v. U.S. Department of Homeland Security.¹²