Yuri Grips / Epa
US President Donald Trump
A Federal Court of US appeal ruled Donald Trump exceeded his legal powers by imposing overcrowding on foreign imports from foreign countries, but remained temporarily in force tariffs.
The United States Appeal Court for the Federal Circuit ruled this Friday that Trump has no legal powers to impose import rates.
This statement maintains a May decision of a Federal Court of New York Specialized in Trade, which the government has appealed.
Still, although the court considered that it imposed them illegally, the tariffs will stay temporarily in force.
In a reaction, Trump said he had the “help of the Supreme Court” To maintain overflows applied to countries generally imports and stressed that they remain, after a court considered that imposed them illegally.
“All tariffs are still in place!”Trump reacted on Truth social network on Friday, shortly after the decision was known.
Thanks to nominations of judges made in Trump’s first term (2017-2021), the Supreme Court currently has a conservative majority.
According to the decision of the Federal Court of Appeal, on Friday, “the law grants the president broad powers to take a series of measures in response to a declared national emergency, but none of these actions explicitly includes the power to impose customs and other taxes.”
The Court rejected part of the contested decision, which annulled the rates immediately, giving time to the government to appeal to the Supreme Court.
The execution of the decision was suspended Until 14 October and customs rates remain in force there.
Trump calls into question the independence of the court
In his message, Trump has undermined the independence of the court, how it is usually to do when decisions are unfavorable to him.
“Today, a Highly politicized resource court He wrongly said that our tariffs should be eliminated … Now, with the help of the Supreme Court of the United States, we will use them to benefit our nation and restore the wealth, strength and power of America, ”Trump said.
If customs rates were removed, “it would be a complete catastrophe For the country, ”which would be“ destroyed, ”said Trump, reiterating an argument he used in the weeks before today’s decision.
Trump’s aggressive rates
Trump has implemented, in several vacancies since April, overcrowding on imported products, arguing that the measure will lead foreign manufacturers to invest in production in the United States to circumvent customs barriers.
Tariffs range from 10% to 50%, depending on the situation and the country.
Trump continues to threaten to impose more rates on behalf of US industry protection, especially pharmaceuticals and semiconductors, or to scold certain countries or leaders for political reasons.
Customs applied customs rates now reach an average of 20,1%according to calculations of the World Trade Organization and the International Monetary Fund.
This level has been the highest since the early 1910s, excluding a few weeks during this year, where tariff increases were applied that were then suspended for negotiations with affected countries.
This theoretical rate was only 2,4% In the inauguration of Donald Trump, on January 20, 2025.