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Trump Keeps Emergency Tariffs in Force Under Appellate Stay

The White House has layered universal, country-specific, sectoral duties on existing IEEPA measures to expand its trade toolkit.

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Overview

  • A Federal Circuit stay of the Court of International Trade’s vacatur keeps IEEPA-based tariffs active while appeals proceed toward possible Supreme Court review.
  • Starting August 7, a 10% universal reciprocal tariff floor applies to all imports alongside a 25% surcharge on goods from India that took effect August 2.
  • The administration has also imposed a 50% duty on semi-finished copper products and eliminated the $800 de minimis exemption for low-value shipments.
  • In a Federal Circuit filing, the Justice Department cited recent trade agreements and warned that reversing the duties could trigger severe economic disruption.
  • Legal scholars argue that IEEPA lacks clear congressional authorization for broad peacetime tariffs, creating a split among lower courts and legal uncertainty.