30-05-2025, 09:08 AM
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What is the Court of International Trade? And why can it strike down Trump’s tariffs?
30-05-2025, 09:10 AM
many trade and legal experts said that at least parts of the CIT’s ruling would likely stand up under scrutiny.
Edward Alden, a senior fellow at the Council on Foreign Relations, said that the decision striking down Trump’s 10% universal tariffs, as well as his so-called reciprocal tariffs on more than 50 countries, would likely withstand appeal. That’s because, as the CIT pointed out, those duties are intended to counter trade deficits the United States has with those countries.
Yet Congress specifically said that duties to address trade imbalances must be applied under a different law, not IEEPA. That law allows a maximum of 15% tariff for up to 150 days.
“I think it’s airtight because there’s no way around the reasoning,” Alden said, “which is Congress controls tariffs and Congress quite explicitly delegated the authority” to a separate law.
Edward Alden, a senior fellow at the Council on Foreign Relations, said that the decision striking down Trump’s 10% universal tariffs, as well as his so-called reciprocal tariffs on more than 50 countries, would likely withstand appeal. That’s because, as the CIT pointed out, those duties are intended to counter trade deficits the United States has with those countries.
Yet Congress specifically said that duties to address trade imbalances must be applied under a different law, not IEEPA. That law allows a maximum of 15% tariff for up to 150 days.
“I think it’s airtight because there’s no way around the reasoning,” Alden said, “which is Congress controls tariffs and Congress quite explicitly delegated the authority” to a separate law.
30-05-2025, 09:11 AM
Trump said that his duties on Canada, Mexico, and some of the tariffs on China were in response to those countries’ alleged shortcomings in combatting illegal drugs and unauthorized immigration. It’s possible that other judges will find that the president has the authority to impose those tariffs under the IEEPA law, Alden said.
Other analysts said that part of the ruling would likely be upheld, as well.
“The court said what everybody knew — that there is no reasonable basis to say these tariffs are related to fentanyl,” Barry Appleton, a law professor and co-director New York Law School’s Center for International Law, said.
More generally, “the president cannot under the guise of emergency powers claim for himself what the Constitution gives to Congress,” he added.
Other analysts said that part of the ruling would likely be upheld, as well.
“The court said what everybody knew — that there is no reasonable basis to say these tariffs are related to fentanyl,” Barry Appleton, a law professor and co-director New York Law School’s Center for International Law, said.
More generally, “the president cannot under the guise of emergency powers claim for himself what the Constitution gives to Congress,” he added.
30-05-2025, 09:12 AM
Some of Trump’s duties — those on steel, aluminum, and cars — will remain in place because they rely on separate laws that weren’t challenged. Many economists have said that Trump could seek to re-impose many of his tariffs under a range of other laws that authorize tariffs, though usually after a legal process that can take a few months.
30-05-2025, 09:14 AM
Seems like the 10% universal tariff is more or less gone case unless Trump come up with some laws that allow it and impose it under those laws.
Good news for Singapore.
Good news for Singapore.
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