A US federal appeals court has allowed President Donald Trump to continue imposing a 10% tariff on imports while the administration appeals a lower court's ruling that struck the measure down. The trade court had voided the tariffs on May 7, but the appeals court issued an administrative stay on May 12, extended yesterday, letting the tariff remain in effect pending a final ruling. If the appeal ultimately fails, plaintiffs could seek refunds plus interest.
A U.S. federal appeals court has sided with the Trump administration, at least temporarily, allowing the 10% tariff on all imports to remain in effect while the government appeals a lower court ruling that struck the measure down. The U.S. Court of International Trade on May 7 voided the tariffs, which took effect on February 24, following a lawsuit by Washington state and two commercial entities. The administration appealed and requested a stay of the ruling. On May 12, the appeals court issued an administrative stay — allowing the tariff to continue unaffected while legal proceedings unfold — and extended that stay yesterday.
If the appeals court eventually rules the tariffs unlawful, the plaintiffs would be eligible for refunds on duties paid, with interest.
The case is the latest in a series of legal battles over Trump's trade policy. As The Zioneer has reported, a federal judge earlier blocked the administration's proposed $100,000 H-1B visa fee, and Trump has also threatened not to renew the USMCA trade deal with Canada and Mexico. The tariff appeal is likely to draw wider attention as the November midterm elections approach.
No timeline has been set for the appeals court's final ruling.
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