“The statute bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax,” the court said.
Shipping containers like this with goods in them will likely be subject to the tariffs imposed by US President Donald Trump. (Picture: Francis Mascarenhas/Reuters)
The decision from the US Court of Appeals for the Federal Circuit in Washington, DC, addressed the legality of what Trump calls “reciprocal” tariffs imposed as part of his trade war in April, as well as a separate set of tariffs imposed in February against China, Canada and Mexico.
The court also ruled that the tariffs can stay in place until October 14 to allow any appeals to their decision.
It gives the president the power to address “unusual and extraordinary” threats during national emergencies.
“The statute neither mentions tariffs (or any of its synonyms) nor has procedural safeguards that contain clear limits on the President’s power to impose tariffs.”
Trump, the first president to use IEEPA to impose tariffs, says the measures were justified given trade imbalances, declining US manufacturing power and the cross-border flow of drugs.
Trump declared a national emergency in April over the fact that the U.S. imports more than it exports, as the nation has done for decades.
The appeals court ruled on two cases, one brought by five small US businesses and the other by 12 Democratic-led US states, which argued that IEEPA does not authorise tariffs.
With Reuters
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