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US Tariff Update – US Federal Appeals Court overturns lower court decision on tariffs

Wednesday 28th May 2025, the US Court of International Trade stated that President Trump had overstepped his authority and the administrations tariffs were unlawful. (Cars, Steel and Aluminium were unaffected by this ruling)

Thursday 29th May 2025, the US Federal Appeals Court granted the Trump Administration a temporary suspension on the lower court’s ruling, meaning that the tariff policy was reinstated, albeit until 5th June 2025, the date of the next hearing.

Peter Navarro, one of the President’s trade advisors, told reporters on Thursday 29th, “You can assume that even if we lose, we will do it another way.”

The president could also invoke Section 301 of the Trade Act of 1974, which he invoked for his first-term tariffs on China.

A separate 1930 trade law, Section 338 of the Trade Act, which has not been used for decades, allows the president to impose tariffs of up to 50% on imports from countries that “discriminate” against the US.

One thing we can be sure of, this story has pages and pages still to read!

US Tariff Update – US Federal Appeals Court overturns lower court decision on tariffs
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