The Department of Justice (DOJ) filed a notice on the evening of May 29 indicating its intent to appeal a U.S. Court of International Trade (CIT) injunction that mandates the refund of all tariffs collected under the International Emergency Economic Powers Act (IEEPA).
The DOJ argued that the CIT exceeded its jurisdiction and equitable authority by entering a “universal injunction ordering CBP to reliquidate final entries, including entries made by importers who have not sued in this Court.” Citing Trump v. CASA, Inc., 606 U.S. 831, 839 (2025), the DOJ stated that the Trump administration will detail these jurisdictional arguments in its forthcoming response to the Court’s order to show cause.
Furthermore, the DOJ announced it will appeal the nationwide scope of the injunction and seek a partial stay, arguing the relief should apply exclusively to the specific importer plaintiffs involved in the litigation.
Dispute Over CBP Commissioner’s Appearanc
The DOJ’s filing also requested that Customs and Border Protection (CBP) Commissioner Rodney Scott be excused from a court-ordered, in-person appearance on June 9. The DOJ maintained that it is sufficient for senior CBP officials Susan Thomas and Brandon Lord to continue representing the agency before the CIT.
However, CIT Judge Richard Eaton rejected the DOJ’s request, emphasizing the scale of the dispute and the need for the agency head’s direct testimony:
“Commissioner Scott’s testimony is necessary to ascertain if it is the Government’s policy to return all of the unlawfully collected duties either by complying with the court’s order, or by some other means—that is, if it is the Government’s policy to refund the duties to im
