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Federal Appeals Court Reinstates Trump’s Emergency Tariffs Pending Appeal

The stay keeps tariffs in effect pending Federal Circuit review of a trade court decision that said Trump exceeded his IEEPA authority.

Overview

  • The Federal Circuit paused the May 28 injunction from the U.S. Court of International Trade, restoring the broad import duties imposed under the International Emergency Economic Powers Act.
  • A three-judge CIT panel had ruled that IEEPA does not grant the president “unbounded authority” to levy blanket 10%–145% tariffs on dozens of countries.
  • The administration has filed an appeal and signaled confidence that the Supreme Court will ultimately affirm presidential power over emergency trade measures.
  • Tariffs enacted under separate statutes, including 25% duties on steel, aluminum and autos under Section 232, were unaffected by the lower court’s ruling.
  • Since January, the effective U.S. tariff rate has climbed from about 2%–3% to roughly 15%–18%, stoking concern among businesses and trading partners over policy uncertainty.