Overview
- The justices are expected to decide soon in Learning Resources v. Trump whether the president’s emergency-based tariffs are lawful, a ruling that could force repayment of duties already collected.
- Officials are readying alternative authorities such as Sections 232, 301, 122 and 338 to reissue levies if the emergency approach is struck down, with multiple Section 232 probes already underway into semiconductors, pharmaceuticals, critical minerals and aerospace parts.
- Trade lawyers say any fallback statutes would require formal findings and procedures, curbing the administration’s ability to rapidly raise or lower rates used for leverage.
- Analyses indicate consumers absorbed much of the cost in 2025, with retail prices up an estimated 4.9% and some beef cuts up 18.4%, while tariff revenue was reported near $200 billion and importers including Costco moved to preserve refund claims.
- Global partners responded with countermeasures, including Canada’s duties on steel, aluminum and autos and China’s reciprocal levies, though Washington and Beijing eased some measures in November.