5/29/25 Update: The order described below has subsequently been stayed and the tariffs have been temporarily reinstated. Please click here to learn more.
On May 28, 2025, the United States Court of International Trade ruled against the Trump Administration on several 2025 import tariffs including the Administration’s “reciprocal” tariffs against nearly all trading partners (currently at 10%), and other tariff duties imposed against Canada and Mexico (25%), and China (20%), based upon alleged drug trafficking.
The Administration promptly appealed the court’s decision, however, that appeal will take some time to process. In the meantime, it will likely be a week before importers will be given instructions from the government on entering new import shipments into the United States, and any procedures for obtaining refunds of duties already paid. We expect goods of European or Japanese origin to generally be free of the reciprocal tariffs (currently 10%), but not of any applicable steel, aluminum or automobile-related tariffs.
The court’s order does not affect the new 25% steel and aluminum tariffs or automotive tariffs imposed by the Administration, nor does the order affect Section 301 and 232 tariffs that have been in effect since before 2025. Thus, for Chinese-origin goods, fentanyl trafficking and reciprocal tariffs should no longer apply, but pre-existing Section 301 and 232 tariffs will still apply as will any applicable steel, aluminum, or automotive tariffs.
We will supplement this announcement with more specific guidance over the next week as government instructions and clarifications become available.
Masuda Funai is a full-service law firm with offices in Chicago, Detroit, Los Angeles, and Schaumburg.
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