By Ryan Last, Daniel N. Anziska, Daniel Gorman, Charlene C. Goldfield, and Luke LoFrumento*, Troutman Pepper Locke On May 28, the U.S. Court of International Trade ruled that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were unlawful. In the case of V.O.S. v. United States, the court found that IEEPA does not delegate such broad tariff powers to the president and that the tariffs addressing illegal migration and illicit drug flows “do not deal...

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The Red Sea crisis has forced most new container capacity to be deployed on extended Asia-Europe routes via the Cape of Good Hope. Since May 2024, 2.62 million TEU have been added globally, with 31% of that allocated to Asia-Europe, boosting capacity there by over 40% between 2023 and 2025. This is equivalent to almost 25% of the global fleet trading there, making it the largest shipping lane for the liner fleet. In comparison, The Asia-North America fleet had an annual...

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By Noa Sussman, Director of Global Solutions, TECEX In today’s global economy, trade taxes and trade compliance are no longer background functions. VAT, duties, tariffs, and duty drawbacks have moved from the margins of regulatory oversight to the center of strategic decision-making. As explored in the first two articles of this series, these tools are now shaping how companies’ source, price, and scale across borders. But understanding the mechanics is only the beginning. The real challenge — and opportunity — lies in how companies...

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Last week a US Trade Court (CIT) blocked many of President Trump’s new tariffs only for them to be quickly reinstated and the legal battle only starting. The bottom line for importers right now is that IEEPA tariffs remain in effect. The CAFC’s stay pauses enforcement of the CIT’s ruling while longer-term legal review continues. More importantly, importers will continue paying the tariffs. With two courts asserting jurisdiction over the matter, final authority (whether CIT or the District Court) remains undecided and will...

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By Ian Hunter, Director, OCO Global What just happened? On 28 May, the US Court of International Trade (CIT) issued a permanent injunction blocking President Trump’s recently imposed “Liberation Day” tariffs – a 10% across-the-board levy on all imported goods and higher “reciprocal” rates for specific trading partners. The court ruled that the administration had exceeded its authority under the International Emergency Economic Powers Act (IEEPA). In clear terms, the judges reaffirmed that Congress – not the White House – controls taxation on imports. Importantly, this ruling did not impact sector-specific tariffs previously...

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IMPORTANT TARIFF UPDATE - (5/29) The Court of International Trade has issued a joint decision, ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize many of the new tariffs imposed by way of executive order. As a result, on May 28 the Court ordered that the directives imposing these tariffs be vacated and permanently enjoined. The court has issued a permanent injunction which means the tariffs cannot be collected or enforced unless the ruling is stayed or reversed....

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By Noa Sussman, Director of Global Solutions, TECEX Global trade isn’t just about free trade agreements or currency fluctuations anymore. While those factors still matter, a quieter — and often underestimated — force is reshaping how companies produce, move, and sell their goods across borders: taxes. Not the headline-makers like corporate income tax or capital gains. I’m talking about the less glamorous but increasingly powerful trio: VAT (Value Added Tax), tariffs, and duties. These tools, once left to compliance teams and customs...

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By Erik Smithweiss The U.S. Court of International Trade (CIT) issued a decision May 28 declaring unlawful the IEEPA fentanyl tariffs imposed on Canada, Mexico and China, and the Reciprocal tariffs imposed on all other countries.  V.O.S Selections Inc. et al v. United States, Slip Op. 25-66.  The court found that the International Emergency Economic Powers Act (IEEPA), the statute the President had invoked to justify these tariffs, did not provide the required statutory authority for these assessments. The Government has already filed...

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Written By Jessica Horwitz, Sabrina A. Bandali, Alison FitzGerald, and George Reid, Partners at Bennett Jones, assisted by Rajat Beniwal This blog was published on May 22, 2025 and is accurate as of that date. The tariff landscape is evolving quickly. Please contact one of the authors or a member of the Bennett Jones International Trade and Investment group for the most up-to-date guidance on US tariffs and Canadian surtaxes. It has been a tumultuous spring for businesses involved in trade between Canada...

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Despite fears of a tsunami of containers hitting the Port of Los Angeles, its executive director is downplaying them. Admitting to a likely increase during the temporary 90-day pause in U.S.-China tariffs, he anticipates volumes will remain below the pandemic peak, partly because elevated freight rates could keep importers cautious. April saw a 9.5% year-over-year rise in throughput, but early May imports dropped 30% due to tariff uncertainties. Additionally, he expects a brief period of 70–80% of normal volume during the...

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