U.S. Tariffs shift as Supreme Court curbs IEEPA

Key Takeaways:

• Supreme Court limits IEEPA, ruling peacetime tariff-setting requires congressional authority.
• 6–3 decision strikes down reciprocal tariffs, shifting tariff power back to Congress.
• Decision narrows executive emergency tools; questions linger over refunds and implementation guidance.

In Learning Resources, Inc. v. Trump, the U.S. Supreme Court curtailed the use of IEEPA tariffs, holding that the emergency statute does not authorize peacetime tariff-setting. As reported by Foreign Policy, the 6–3 ruling struck down the centerpiece of the administration’s “reciprocal” tariff program, placing tariff-making back within Congress’s core powers.

The majority concluded that IEEPA cannot be stretched to reengineer the customs schedule, while dissenting justices argued that historical practice and other statutes might support some measures and warned of potential fiscal fallout. The ruling leaves open questions about tariff refunds and administration guidance, and it narrows executive flexibility under emergency authorities.

Cato Institute analysts characterized the decision as a win for importers and the rule of law, while cautioning that parts of the broader tariff agenda could still proceed under other statutes. One likely avenue is Section 122 of the Trade Act of 1974, which offers constrained, temporary tariff tools that are narrower than IEEPA and subject to statutory limits.

Trade and shipping specialists flagged near-term operational impacts, including possible refund claims and shifts in sourcing and booking patterns. ICIS noted that Vespucci Maritime’s Lars Jensen anticipates a post-ruling import-demand bump as companies react and the National Retail Federation highlighted previously opaque costs borne by businesses.

China’s Ministry of Commerce said it is conducting a full assessment of the ruling and pressed Washington to cancel unilateral measures imposed under the now-curtailed framework. According to Reuters, Beijing framed the U.S. approach as inconsistent with international trade rules and domestic law.

The ministry’s comments referenced measures including “reciprocal” and fentanyl-linked tariffs, characterizing them as harmful and legally flawed. The response signals that Beijing sees the judgment as grounds to revisit contested duties even as policy uncertainty persists in Washington.

“We are conducting a ‘full assessment’ of the ruling and urge the United States to lift ‘unilateral tariff measures,’” said China’s Ministry of Commerce.

International counterparts also weighed the implications for commercial planning and trade diplomacy. According to Yahoo Finance, the European Central Bank warned that sudden U.S. policy shifts can disrupt investment and supply chains, while Swiss authorities advised exporters to plan around potentially persistent U.S. duties.

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