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May 8, 2026policy changetrade policyconstitutional lawappellate proceduretrade policyjudicial reviewseparation of powers

Trump Administration appeals Section 122 tariff ruling to Federal Circuit

One day after the Court of International Trade struck down the Section 122 tariffs, the Trump administration filed an appeal with the U.S. Court of Appeals for the Federal Circuit and was expected to seek a stay of the lower court injunction pending appeal. The Federal Circuit is the exclusive appellate venue for decisions of the Court of International Trade on trade and customs matters. For the vast majority of importers not covered by the CIT injunction, the 10% tariff continued at the border and remained scheduled to expire July 24, 2026 by its own statutory terms.