US Court of Appeal puts Trump’s tariffs back into force after ban

A Federal Appeal Court temporarily overridden a ban on numerous US tariffs at the request of the US government on Thursday. The tariffs arranged by US President Donald Trump can continue to be collected until a decision in the appeal. The Court of Appeal called the parties to submit further statements. Previously, the US government had sharply criticized and announced the ban on a New York commercial court to pull before the US Supreme Court.

On Wednesday, the Commercial Court had largely declared the tariffs of Trump to be illegal and thus gave the US government’s customs policy a violent damper. The US Court of International Trade in New York decided on Wednesday (Case No. 25-CV -,00066 et al).

The commercial court temporarily lifted many of the tariffs used by the US government for the import of goods from other countries-including China, Canada and Mexico. They were no longer allowed to be raised. Some US states and smaller US companies that are affected by the import tariffs had sued.

Customs on cars, steel and aluminum, as well as murals and medicines are not affected by the legal dispute. Trump had issued this on the basis of other laws. In addition, the US President has the right to temporarily issue tariffs for goods from countries with which the United States have a high trade deficit.

For his far-reaching customs policy, Trump had declared the US trade deficit as a national emergency and was based on emergency powers of the International Emergency Economic Powers Act from 1977 (IEEPA). The Commercial Court had to check whether this law authorized the US President to “raise unlimited tariffs on goods from almost all countries in the world”.

“The court does not assume that IEPEA will give such unlimited authority and raises the contested tariffs that were imposed on this basis,” says the Urtei of the New York trade court on Wednesday. The US government immediately appealed against the judgment and was able to obtain a disposal that the tariffs remain in force. However, the Court of Appeal has not yet made a decision on the matter.

The reactions on this side of the Atlantic were reserved. A spokesman for the Federal Ministry of Economics did not want to comment on the ongoing judicial proceedings in the USA at the request of the dpa. “We continue to rely on the fact that a good solution for both sides can be achieved in the negotiations between the EU Commission and the US government.”

The EU Commission did not want to comment on the judgment either. She is currently negotiating with the US government on a possible deal for the mutual cancellation of tariffs and other trade restrictions. Trump had recently threatened the EU with punitive tariffs of 50 percent.


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