United States

The battle over tariffs: first the stop then the cancellation. Here is what is happening

For the Federal Trade Court, Trump went beyond his powers by imposing universal tariffs. But the White House on appeal gets the ruling stayed

by Marco Valsania and Luca Veronese

4' min read

4' min read

Donald Trump was right on appeal, at least for now. While his ministers study alternative ways to go ahead with new import barriers, if necessary. "We have appealed a ruling written by activist judges," White House economic adviser Kevin Hassett said hotly. "We will move forward on tariffs," commented the president's trade adviser Peter Navarro. Stephen Miller, Trump's deputy chief of staff, had even denounced a 'coup by the judges'.

The Federal Court of International Trade blocked Trump's universal tariffs, but in less than 24 hours the president obtained a temporary suspension of the ruling. In short, the US administration's tariff war is not over, even if doubts about its aggressive strategy on trade are growing: threats and retractions that have led to confrontations, truces and then to tortuous negotiations with close allies such as Canada and Mexico, historical partners such as Europe, and declared adversaries such as China.

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If uncertainty about US trade policies remains, the legal case could allow more time and take pressure off governments around the world in negotiations with Trump.

The suspended ruling by the Court of Appeals - which gave the parties until 9 June to bring arguments - may also end up dampening fears about the impact on the economy of uncontrolled trade conflicts, and assuage the concerns of companies, financial markets and political leaders.

Meeting with Powell

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Trump met with Federal Reserve Chairman Jerome Powell and, according to White House spokesmen, blamed him for the lack of interest rate cuts to support growth. Powell, who made it clear that he came to the White House at the invitation of the president, however, reiterated that 'monetary policy will depend entirely on incoming economic information'. The central bank has espoused a wait-and-see attitude, caught in the dilemma between the inflationary and recessionary effects of tariffs.

The rejection on global reciprocal tariffs - suspended on appeal - came from a three-judge panel of the Manhattan-based Court of International Trade: Trump - according to the ruling - went beyond his powers as president by imposing generalised, and therefore illegal, import duties. According to the judges - two of whom were appointed by conservative presidents, Trump himself and Ronald Reagan - the Constitution gives Congress exclusive authority to regulate trade with other countries, and this authority is not overridden by the emergency powers invoked by the president to safeguard the US economy.

Dazi, Trump: "Non cerco accordo con la Ue"

"The duty measures are impermissible not because they are senseless or ineffective, but because federal law does not permit them," the judges wrote in their ruling, issued Wednesday night. At issue is therefore Liberation Day, proclaimed by Trump on 2 April to impose so-called reciprocal duties on trading partners accused of exploiting the US.

The Federal Trade Court explicitly rejected the White House's unprecedented use of a 1977 law allowing for the declaration of national emergencies caused by extraordinary threats to national security, foreign policy and the economy, the International Emergency Economic Powers Act, to legitimise the tariffs.

The ruling followed two lawsuits, one brought by the Liberty justice centre on behalf of five small US companies affected by import duties, the other brought by 12 US states. The judges' decision also invalidated the duties imposed on Canada, Mexico and China, invoking border security, against migrant flows and fentanyl trafficking. It did not cover duties introduced in specific sectors, such as those on steel imports, aluminium and car imports.

The Court of Appeal's decision

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Trump and his people have been given almost two weeks by the D.C. Court of Appeals to counter (and are prepared to go to the Supreme Court in the future). "If anyone thinks they caught us by surprise, they are sorely mistaken. Nothing has changed, ready with more tariffs,' Navarro relaunched. While Hassett let it be known that 'bilateral negotiations are proceeding' and stated that there are 'alternative measures' on trade.

Usa, tribunale federale blocca i dazi di Trump: "Non ha autorità per imporli"

The governments of many partner countries and the EU leadership preferred not to comment on the matter. The president, even in case of a final rejection, is still left with at least four options to insist on trade wars. He can impose tariffs of up to 15% for up to 150 days to deal with a balance of payments deficit (according to the Trade Act of 1974). It can hit imports in specific sectors (Trade Expansion Act of 1962), as already threatened for pharmaceuticals and semiconductors, and as already decided for chip and technology trade with China. And he can introduce 50% tariffs (Trade Act of 1930) against countries that discriminate against the US. More difficult for Trump to venture into investigations that would allow him to impose unlimited duties, but would take months (again under the Trade Act of 1974).

Donald Trump hopes to be proven right by the courts. But he certainly does not intend to change his strategy on international trade.

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