The Court of Appeal unexpectedly restores Trump's tariffs

Ngọc Vân |

President Donald Trump's global tax was restored after the US Court of Appeals suddenly overturned the verdict of the Court of Commerce.

RT reported that President Donald Trump's countervailing tax policy has just been temporarily "revived" after the emergency ruling of the US Federal Court of Appeals, just one day after being blocked by the International Court of Commerce.

On May 29, time, the US Court of Appeals for the Federal Circuit issued a decision to immediately suspend the global tax ban issued by the International Court of Commerce a day earlier. Accordingly, import tariffs reimposed by Mr. Trump in April will continue to be effective, at least until June 9, 2025.

The plaintiffs must submit a response to the request for postponement before June 5, 2025, the appeal court stated. The US government could submit a consolidated response on June 9, 2025.

Since April 2025, Mr. Donald Trump has reimposed a minimum import tax of 10% on all imported foreign goods, with higher rates applied to China, Mexico, Canada and EU countries. The Trump administration believes this is a necessary measure to balance trade and protect the interests of US workers.

However, on May 28, the International Trade Court ruled that using the International Emergency Economic Powerlifting Act (IEEPA) to impose a tax is beyond the authority of the President, because the law is designed to deal with emergency security situations, not conventional trade.

Immediately after the commercial court's ruling, the White House immediately appealed. White House spokeswoman Karoline Leavitt said the Trump administration confident in a legal victory and was not afraid to confront overly powerful judges.

Peter Navarro, Trump's close trade adviser, also spoke strongly: "Even if we lose here, we will find another way to do it. The Trump tariff program is still raw and will be implemented to protect the American people.

Although the temporary ban was suspended, the legal battle has not ended. The Court of Appeal will fully consider the legal arguments of both sides in the coming weeks. If necessary, the case could be brought to the Supreme Court of the French Institute - where the current conservative balance could be leaned towards Mr. Trump.

Observers say that this lawsuit is not simply a matter of tariffs, but an important test of the level of executive power in the use of emergency laws to shape economic policies. If Trump wins, it will be a huge expansion of the precedent, allowing any future president to cit a urgent reason to surpass Congress in the field of trade tariffs.

The ruling dated May 28 only affects the types of taxes applied under the IEEPA. Other important Trump tariffs - such as the 25% tax on cars, steel and aluminum - are still in effect because they were issued under the 1962 Trade Expansion Act (Section 232) and the 1974 Trade Act (Section 122).

Under Section 122, the US President is allowed to impose a tax of up to 15% for 150 days on countries with a large trade deficit with the US without Congress approval.

Ngọc Vân
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