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A recent US Court of International Trade decision was made on May 28 to permanently prohibit all tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act.
(Image Credit: AdobeStock/Andrii)
In light of the recent US Court of International Trade (CIT) decision to permanently prohibit all tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA), the Vision Council weighed in to assess what the decision means for the vision industry.1
With the decision made on May 28, the CIT has given the federal government 10 days to implement a process to halt the collection of IEEPA-related duties, according to a news release. This includes the 25% tariff on goods from Mexico and Canada, the 20% tariff on goods from China, and reciprocal tariffs set at 10% that are scheduled to increase to higher, country-specific rates in July this year.1
In response to the ruling and an appeal submitted by the Trump administration, the US Court of Appeals for the Federal Circuit issued a temporary stay on May 29, which allows the continued collection of the tariffs as the government moves through the appeal process.2
“Fluctuating trade policies create real uncertainty for businesses across the vision industry, and we understand how challenging that can be,” said Ashley Mills, CEO of The Vision Council, in the release. “We remain committed to keeping our members informed, supported, and prepared to adapt. Our team is actively monitoring the ongoing legal developments, and we will continue to provide timely updates and resources. We encourage members to reach out to our Government Relations and Regulatory Affairs teams for guidance on how this ruling may affect their operations and supply chains.”
The CIT ruling, therefore, prohibits further collection of the tariffs unless a stay is granted. Although the decision does not mandate funds for duties previously paid, a means for refunds may be possible once the decision is final.1
In response to the CIT decision, the Trump administration filed a notice of appeal with the US Court of Appeals for the Federal Circuit and is expected to seek a stay of execution. The appeal could proceed to the US Supreme Court during the appeal process.1
Currently, all previously established duties remain in effect for the next 10 days, as of May 28. The Vision Council also notes that the decision does not impact Section 301 on Chinese goods, currently enforced under a separate statutory authority and involved in a separate legal appeal. The CIT decision also does not impact the Section 232 duties on steel, aluminum, or automobiles and their parts.1
As there is no immediate change to the collection of IEEPA duties, the Vision Council’s Tariff Dashboard will not reflect changes for the tariffs until there are further updates.1
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