- Supreme Court Proceedings: On September 9, 2025, the U.S. Supreme Court granted certiorari in the case concerning President Trump’s Reciprocal Tariff Policy, with oral arguments scheduled for the week of November 3, 2025. The case arises from a decision by the U.S. Court of Appeals for the Federal Circuit, which ruled that Trump exceeded his authority under the International Emergency Economic Powers Act (IEEPA) in imposing certain tariffs.
- Legal Background: The Federal Circuit’s August 29, 2025 decision upheld a lower court ruling that deemed the tariffs imposed under five Executive Orders unauthorized by IEEPA. The court emphasized that the authority to “regulate” imports does not extend to the tariffs in question, thus raising significant legal questions about the administration’s tariff actions.
- Implications for Importers: While the Supreme Court’s decision could impact specific tariffs under IEEPA, many other duties, including Section 301 tariffs on China and Section 232 tariffs on steel and aluminum, will remain unaffected. Importers should continue to explore options for reducing duty liabilities as they await the Court’s ruling.
Source EY
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