UPDATE: The U.S. Court of Appeals for the Federal Circuit on March 2 granted a motion for the immediate issuance of its mandates in the lead cases challenging tariffs imposed under the International Emergency Economic Powers Act (IEEPA)over the objection of the Department of Justice and the Trump Administration. Refund process is now in the hands of the Court of International Trade and hopefully will be expedited.

The U.S. government is urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to follow its normal procedures rather than immediately issue a mandate in a closely watched case challenging tariffs imposed under the International Emergency Economic Powers Act (IEEPA).

In a filing submitted Feb. 27, the government opposed a motion seeking expedited issuance of the mandate in the lead case addressing the legality of the tariffs. The motion was filed by counsel representing five importers that brought suit, who argue that immediate action is necessary to begin the refund process at the U.S. Court of International Trade (CIT).

According to the importers, a prompt mandate from the Federal Circuit would allow proceedings to move forward in the trade court and initiate the process of reimbursing duties collected under the challenged tariffs.

The government, however, contends that there is no basis for departing from the “ordinary course” of appellate procedure. Under standard practice, the Federal Circuit waits to issue its mandate until the Supreme Court of the United States has either allowed the period for further review to lapse—typically 32 days after judgment—or denied a petition for rehearing.

In its filing, the U.S. argued that the importers have not demonstrated irreparable harm that would justify what it characterized as proceeding at “breakneck speed.” The government also suggested that, if any delay were warranted, the court should consider extending the timeline by 90 days to give Congress an opportunity to address the issue legislatively.

The dispute underscores the high stakes surrounding the IEEPA-based tariffs and the potential financial consequences tied to their enforcement. At issue is not only the validity of the tariffs themselves but also the timing and mechanics of any potential refunds—matters that could have significant implications for both importers and the federal government.

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