A federal appeal court said President Trump exceeded his authority when he imposed a sweeping tariff. Now, American importers are scrambling to see if they will get more than 150 billion dollars They already paid.
On Friday, the court ruled that the Trump administration cannot use the IEEPA Economic Forces Law (IEPA), which allows the president “the broad authority to organize a variety of economic transactions after the announcement of national emergency” as a justification for the unilateral tariff. The ruling greatly supports a It has a decision By a federal trade court in New York.
Trump’s identification agenda is now facing a setback, and although the Appeal Court has left the definitions affected in place until October 14, Trump said he would quickly file the case to the Supreme Court. The country’s highest court can take the case during a new session that starts next month.
However, it is not guaranteed that the Supreme Court will take the case, because it usually does not give up similar topics, and the last issue I heard in a commercial case was in 2009. The administration may also choose this Changing the legal justification for its definitions David Kawali, a Texas -based appeal lawyer in Lynn Benker Horst and Shoismann, said instead of facing a tight battle that you may lose.
“It is an important issue, but the administration may only decide to restart its customs tariff program on a more solid legal basis, in an attempt to rely on other laws besides this” emergency. ” luck.
Get recovery
Meanwhile, American companies are looking for ways to restore some of their money, which may mean dealing with bureaucracy layers. Cole said that the parties in the lawsuit decided by the Court of Appeal on Friday had a good argument to restore their money as part of the case. But it is not clear what other companies will need to recover their money.
“Other parties can get a recovery through the administrative structure of CBP, which may include a lot of red tape and possibly more litigation,” Kawali said.
The decree of the non -favorable court of the Trump administration may mean the automatic recovered amounts of importers. These companies are likely to push for experts who can move in a more manual process to recover companies. However, Short said there is some uncertainty about the potential recovery amounts of definitions that you will need to be determined by the Supreme Court.
“If the United States Supreme Court reviews the case and supports the minimum court decision, it is still not clear whether their ruling will determine the amounts recovered retrospectively from the duties that are already paid or prevent the customs tariffs only from applying it to future shipments.” luck.
The Ministry of Treasury, responsible for adhering to the customs tariff revenues until it is appointed, did not respond immediately luckRequest to comment.
Trump has used IEPA as a justification for the majority of definitions imposed since his re -election, with the exception of some of those imposed on steel, aluminum and copper, which cited the dangers of national security. IEPTA’s customs tariffs include Trump’s foundation.Editing Day“The definitions of less than 50 % for some countries. The president also cited IEPA when the tariff increased to 50 % on Brazil and India in the past two months, as well as his threats to raise the tariffs on China by 145 %.
If the Court of Appeal is supported and the definitions are nullified, the United States government may also lose revenue. The Congress Budget Office expected last month that the revenues from the Trump tariff may reduce the Federal deficit by $ 4 trillion Over the next ten years.
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