Commentary

Trump Tariff Agenda in Legal Jeopardy

Key Takeaways:

  • On May 29, the U.S. Court of Appeals for the Federal Circuit stayed a May 28 decision issued by the U.S. Court of International Trade (CIT) that would have vacated President Trump’s IEEPA-related tariffs imposed under the 1977 International Emergency Economic Powers Act (IEEPA). The appellate court will now consider the Trump administration’s emergency stay motion of the CIT ruling. The stay is expected to remain in effect through mid-June.
  • The legal status and operational future of President Trump’s IEEPA-based U.S. tariffs—which are the centerpiece of his “reciprocal” and “universal” tariff approaches—remains in question. The CIT judges found that most of President Trump’s sweeping tariffs on U.S. trading partners lacked sufficient legal authority under IEEPA.
  • The impact on ongoing tariff negotiations may vary by trading partner. Most Asian nations are likely to continue negotiating but may feel that they have enhanced leverage. The original CIT ruling would have reversed the 10 percent universal tariff on all countries, along with the additional 20-50 percent reciprocal tariffs, and the fentanyl tariffs on Canada, China, and Mexico. However, the CIT did not address Section 232 sectoral tariffs or the ongoing Section 301 probes. This means that some countries like Japan and South Korea—whose top industries are significantly vulnerable to those measures— will continue to face considerable negotiating challenges.
  • Despite the legal uncertainties, the Trump administration is trying to take a business-as-usual approach, continuing scheduled negotiations and reminding trade partners that it has other tools at its disposal. Still, some U.S. trade partners may drag their feet as they wait for more clarity.

Related Posts

David Boling in Reuters on Bessent’s Pressure Campaign Over Japan’s Fiscal Policy
In a new Reuters exclusive, TAG Managing Director for Japan David Boling explains why U.S. Treasury Secretary Scott Bessent has ...
David Boling in Financial Times on Takaichi’s cabinet reshuffles
The most prominent dismissal was internal affairs minister Yoshimasa Hayashi, a Liberal Democratic Party heavyweight who previously challenged Takaichi for ...
Han Lin in the South Era Network (SEN) Live: China’s Yuan Challenge to the US Dollar’s Dominance
“Critical to the Yuan’s global adoption are payment infrastructure and investment options,” said Han Lin, China Country Director, The Asia ...
George Chen in NBC News on grave AI risks faced by U.S. and China but mutual distrust stalls cooperation
China is unlikely to agree to a slowdown at the behest of U.S. AI companies, said George Chen, a partner ...
Scroll to Top

You Are Applying For:

Trump Tariff Agenda in Legal Jeopardy

Apply Now

Submit the details below, and our HR team member will get in touch with you shortly.

The Asia Group is an equal opportunity employer where an applicant’s qualifications are considered without regard to race, color, religion, sex, national origin, age, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or any other basis prohibited by law. The Asia Group continually seeks to diversify its staff, particularly to broaden opportunities for individuals from demographic groups that are historically underrepresented in the strategic advisory profession.

"*" indicates required fields

1Personal Details
2Questionnaire & Application Materials
3Voluntary Self Identification
This field is for validation purposes and should be left unchanged.

Personal Details

Name*
Address*