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Importers seek immediate Federal Circuit mandate after US Supreme Court deems IEEPA tariffs unlawful, enabling Court of International Trade to order refunds in over 900 cases

Published on: 03 March 2026

Published by a Law360 reporter
Legal News
Article summary

Businesses spearheaded by wine importer VOS Selections urged the Court of Appeal to issue its mandate without delay, enabling the Trade Court to determine the most appropriate remedy for importers implicated in the suit, according to their motion placed before the court.

The mandate, which the US Supreme Court fully upheld in its ruling of 27 February 2026, found tariffs authorised under the International Emergency Economic Powers Act (IEEPA) unlawful, yet vacated and remitted the question of a permanent injunction to the Trade Court for additional consideration there.

'Issuing the mandate at once not only accords with this Court's stay, it will also expedite a fair and efficient resolution of this matter and more than 900 related challenges to the tariffs presently pending before the Court of International Trade (CIT),' the companies stated, and easing the Court's administration of claims.

They further observed that, during the proceedings, the government acknowledged it would provide refunds with interest if the dispute over IEEPA tariffs reached a stage where no further appeal was possible...

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