News
29/05/25
White House seeks to suspend tariffs ruling: Update
Adds White House reaction, additional court action Washington, 29 May (Argus) —
President Donald Trump's administration is asking a federal court to suspend a
ruling issued late Wednesday that blocked emergency tariffs on nearly all
imports, warning that failure to do so will be a foreign policy "disaster" and
"shatter" trade negotiations with dozens of countries. The administration is
asking the US Court of International Trade to stay its ruling — which would
permanently enjoin tariffs now set at 10pc for much of the world, but which are
set to revert to higher rates in July absent intervention by Trump — until it
has time to pursue an appeal. The harm to foreign affairs from leaving the court
ruling intact during an appeal "could not be greater", the administration said,
whereas putting the decision on hold will preserve the status quo during an
appeal. "It is critical, for the country's national security and the president's
conduct of ongoing, delicate diplomatic efforts, that the court stay its
judgment," the administration wrote in a legal filing after the court issued its
sweeping ruling. The White House said the three judges on the trade court panel
behind the ruling, two of whom are Republican appointees, "brazenly abused their
judicial power to usurp" Trump's authority. The administration expects appealing
the unfavorable ruling "all the way to the Supreme Court" but believes other
countries will continue to negotiate on trade agreements with the US as a way to
prevent tariffs. In a further setback for the administration, the US District
Court for the District of Columbia today ruled in a separate lawsuit that Trump
did not have authority to impose the tariffs, which were issued under a law
called the International Emergency Economic Powers Act (IEEPA). The effect of
that ruling is far more limited and would only freeze tariffs on two small toy
companies behind the lawsuit, in the event the broader ruling on Wednesday is
put on hold. Trump began imposing the emergency tariffs at issue in the case
just weeks into his second term, starting with a 25pc tariff from Canada and
Mexico and a 10pc incremental tariff on China, claiming they were in response to
the threat of drug trafficking. Trump vastly expanded his use of tariffs on
"Liberation Day" on 2 April on nearly every country based on an alleged
"emergency" of trade imbalances, raising tariffs to as high as 145pc on China
before lowering them to 30pc. The Court of International Trade, in its ruling on
Wednesday, found all of those tariffs were unlawful and gave the administration
10 days to implement its ruling. IEEPA did not offer Trump "unbounded" authority
to put unlimited tariffs on nearly all goods imported in the US, the court said,
but instead set limits on tariff authority that the administration did not
follow. If that ruling is upheld on appeal, the US will be required to offer
refunds of emergency tariffs that have already been paid. The ruling does not
affect separate "section 232" tariffs that Trump has imposed on steel, aluminum
and automobiles, and that are being planned for pharmaceuticals, semiconductors
and critical minerals. Trump could also pursue non-emergency "section 122"
tariffs that would allow tariffs of up to 15pc, but those could only be used for
150 days. The Trump administration, in its request for a stay, said the court's
invalidation of emergency tariffs under IEEPA poses an immediate and "grave"
harm to the US because those alternative tariff authorities do not allow the
president to take "swift and flexible" actions that are needed to address
national emergencies. At a minimum, the administration said the tariff
suspension should only apply to the handful of manufacturers and states that
filed the lawsuit. To support its stay request, the administration included a
declaration by US secretary of state Marco Rubio saying the injunction would
cause "irreparable harm" to foreign policy and national security, while US trade
representative Jamieson Greer said it will be a "foreign policy disaster
scenario". US commerce secretary Howard Lutnick wrote it would "would destroy" a
carefully negotiated agreement with China. US treasury secretary Scott Bessent
warned the ruling "will threaten to shatter our negotiations with dozens of
countries" and create a risk that trading partners "feel a renewed boldness to
take advantage of" a new ability to retaliate against the US. The White House
did immediately respond to a request for comment about the status of the
collection of the emergency tariffs. The Trump administration, in its legal
filing, said a stay of the ruling would not harm those who brought the tariff
lawsuit because the US "will issue refunds" along with any interest that accrues
during the appeal. By Chris Knight Send comments and request more information at
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