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The Trump Administration Asks to Pause the Unfavorable Ruling on the 10% Tariff, While Global Tariff Policy Remains Uncertain
On May 11 local time, the Trump administration asked a U.S. court to pause the enforcement of the unfavorable ruling previously issued against 10% global tariffs, in order to give the federal government time to advance its appeal process.
Earlier, on May 8, the U.S. International Trade Court ruled that the new tariff measure was not in compliance with the requirements, but it did not fully stop the collection of tariffs. The Trump administration also formally filed an appeal on the same day, on May 8.
If the court grants the request to pause the enforcement of the related ruling, the three importers that previously sued the government over its tariff policy will again face the scope of the 10% global tariff collection.
Tracing back to February 20 this year, after the U.S. Supreme Court rejected most of the tariffs that the Trump administration planned to introduce in 2025, the government invoked Article 122 of the Trade Act of 1974 to announce a 10% global tariff on all countries for a period of 150 days.
Under this provision, the President is authorized to temporarily impose tariff measures of up to 15% without congressional approval in order to address “large-scale and persistent international balance of payments problems.”
However, on March 5 and 9, 24 state governments led by Oregon and two U.S. importers filed lawsuits challenging this new tariff policy.
On May 7, the U.S. International Trade Court, by a 2-1 vote, determined that the Trump administration’s comprehensive new tariff measures did not meet the statutory standards of the Trade Act of 1974, rendering the tariff proclamation issued by the White House invalid.
At present, this 10% global tariff measure is set to expire in July this year. Unless Congress takes the initiative to extend it, the policy will automatically lapse.
Overall, the Trump administration’s request to pause enforcement of the ruling reflects its determination to use trade regulation tools. If the court agrees to pause enforcement, importers may continue to face tariff pressure; otherwise, the tariff policy will come to an end in accordance with the court’s decision.
The final ruling in this case will more clearly define the legal boundaries of the authority of the U.S. President to impose unilateral tariffs, and will have a profound impact on the executive branch’s freedom in trade matters. It also provides an important window for countries to observe the direction of U.S. trade policy.
#Global Tariffs