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Supreme Court Tariff Ruling Likely Slips to February

The administration says it is ready to shift duties under Sections 301 and 232.

Overview

  • Bloomberg reported the Court will recess for four weeks starting next week, making any decision unlikely before February.
  • No decision was issued on January 20 despite earlier expectations that the Court might rule that day.
  • The case challenges the use of the International Emergency Economic Powers Act to impose reciprocal tariffs and fentanyl-related duties on China, Mexico and Canada.
  • District and appellate courts have ruled the measures unlawful for exceeding presidential authority.
  • USTR representative Greer told the New York Times the government would begin reconstructing tariffs the next day using Section 301 and Section 232 if the IEEPA approach is invalidated.