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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.

President Donald Trump delivers remarks on tariffs in the Rose Garden at the White House in Washington, D.C., U.S., April 2, 2025.
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US President Donald Trump holds a chart as he delivers remarks on reciprocal tariffs during an event in the Rose Garden entitled Make America Wealthy Again at the White House in Washington, DC, on April 2, 2025.
President Donald Trump speaks at U.S. Steel Mon Valley Works-Irvin Plant, Friday, May 30, 2025, in West Mifflin, Pa. (AP Photo/David Dermer)

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.