Overview
- The Federal Circuit, which issued the stay on May 12, put the trade court’s injunction on hold and consolidated the government’s appeals.
- U.S. Customs and Border Protection continues to collect the 10% charge from all importers, including the plaintiffs, while the stay remains in place.
- The CIT had ruled on May 7 that the administration exceeded Section 122 because the tariff proclamation did not identify balance‑of‑payments deficits as the 1974 law requires.
- Relief from the CIT was limited to the named plaintiffs, so other importers are not automatically owed refunds and must pursue their own claims to seek recovery.
- The appeals order is procedural and does not answer the core legal question, so companies face ongoing uncertainty and may consider preserving records, protests, or litigation as they watch the case progress.