Federal Court Strikes Down President's Latest Tariffs

Clark Packard and Alfredo Carrillo Obregon

On May 7, the US Court of International Trade (CIT) struck down the Trump administration’s 10 percent across-the-board import tariff imposed under Section 122 of the Trade Act of 1974. Just as with the president’s International Emergency Economic Powers Act (IEEPA) tariffs struck down by the US Supreme Court earlier this year, the CIT’s latest ruling is another sign that the judiciary won’t accept tenuous legal and economic theories regarding congressionally delegated tariff authorities.