Trade Lawyers Split Over Early Filing of IEEPA Tariff Lawsuits, Trade Law Daily

Trade Law Daily cited a Morgan Lewis LawFlash written by partners Casey Weaver, Raechel Keay Anglin, Katie Hilferty, Ari Selman, and Mike Huneke in an article about the wave of lawsuits seeking to secure potential International Emergency Economic Powers Act tariff refunds should the US Supreme Court invalidate them.

Regardless of the lawsuits’ outcomes, questions remain over whether the normal route of extending liquidation, filing a protest, and challenging its denial at the Court of International Trade may still be available and more cost-effective.

Quoting from the LawFlash, the article notes that there “may be an argument that [US Customs and Border Protection’s] various guidance implementing the IEEPA tariffs is not purely ministerial, though it still seems unlikely that the [Supreme] Court would effectively cut off an importer’s ability to recover illegally imposed tariffs based on failure to file a protest.”