Overview

• The U.S. Court of Appeals for the Federal Circuit held that IEEPA does not expressly authorize duties, affirming a lower trade court’s finding that the tariffs exceeded presidential power.
• The stay keeps the levies in force through Oct. 14 to give the administration time to seek U.S. Supreme Court review.
• The ruling targets Trump’s April “reciprocal” global tariffs and separate February tariffs on China, Canada and Mexico, and it does not affect duties imposed under other statutes such as the steel and aluminum measures.
• The consolidated cases were brought by five small businesses and a coalition of 12 states, and at least eight lawsuits challenging the tariff program are moving through the courts.
• Trump and the White House denounced the decision and vowed to appeal, as businesses and analysts weigh potential refunds of collected duties and possible effects on trade negotiations.