Appeals court strikes down Reciprocal Tariffs; appeal pending

Fishing rods and reels in the ocean © American Sportfishing Association

Last week, the Court of Appeals for the Federal Circuit struck down President Trump's use of emergency powers (IEEPA) to impose tariffs, including the reciprocal tariffs on much of the world and the fentanyl/border crossing tariffs on China, Mexico and Canada. Importantly, this does not impact tariffs issued under other legal authorities, e.g., Sec. 232 tariffs on steel and aluminum imports.

The IEEPA tariffs will remain in effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court. If the ruling is upheld, IEEPA tariffs paid may have to be refunded by the federal government.

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