Less than 24 hours after being appealed by a federal court responsible for international trade in the first instance, customs duties imposed by a decision of Donald Trumpthey were temporarily entered into force by a federal court, until he examined the case more in detail.
On Wednesday (28.05.2025), the Federal Court for International Trade (ITC) decided that Donald Trump exceeded his powers by imposing generalized customs duties as decision -making for such measures is left in the crisis of Congress.
This decision prevented the implementation of customs duties imposed on Canada, in Mexico and Chinaas well as the ‘Reciprocal’ duties that were imposed on April on imported products from most countries around the world.
The White House fired the decision, while US trade partners welcomed it, with China especially calling for additional duties to be completely canceled.
Donald Trump returned to the issue last night, describing the ITC ruling “so wrong and so political” and hope that the Supreme Court would “reverse this horrible development that threatens the country quickly and decisively”, as he said via Truth.
His government immediately appealed And he said that he would turn to the Supreme Court, possibly today, to ensure that the duties be maintained.
Federal Court of Appeal accepted the government’s requeststating that he will deal with the two procedures – the ITC decision, which followed the appeal of small businesses and alliance of US states, and the Trump government’s appeal.
“We are very pleased with this decision, we were expecting it,” Kevin Hasset, leading adviser to President Donald Trump on financial issues, told Fox News. According to him, the Court of Appeal realized that “we will give back to America its grandeur thanks to fair trade agreements,” he said.
After the first instance decision, the China rushed to urge US government to “Completely cancel unjustified customs duties.”
THE Canadian Prime Minister Mark Carni He also welcomed the decision to suspend the “illegal and unjustified” customs duties.
However ‘we consider that Our commercial relationship with the US always continues to be threatened ยป because of customs duties in steelin aluminum and in carshe stressed to the Canadian Parliament. Mark Carni added that he hoped to “enhance our cooperation with our credible commercial partners and allies around the world”.
ITC has ruled more specifically that The US President cannot invoke the Emergency Emergency Law (IEEpa) of 1977 – As Mr Trump did – in order to justify the use of presidential executive decrees for the imposition of customs duties, so that it “imposes unlimited additional tariffs on goods from almost all countries”, as its decision, 49 -page.
IEEPA law allows the president to decide “necessary financial measures” or impose financial sanctions to “deal with ‘excellent and unusual’ threat ‘, the court explained.
According to the judges, the executive decrees of April 2nd, which imposed the duties at least 10% to all imported products and up to 50% Depending on the country of origin, “they exceed the powers given to the President under the IEEPA law (allows for action in the event of a” emergency financial “situation) to regulate imports through the use of customs duties”.
In a written opinion accompanying the decision, one of the members of the court, not named, he pointed out that the concession of “unlimited” power to the president in terms of customs duties entails ‘Destruction’ of the jurisdiction of legislative power For this, it is granted to the executive, which is contrary to the US Constitution.
The verdict was followed by two appeals, one of the alliance of 12 US states, including Arizona, Oregon, New York and Minnesota, a other by a collective body of small businesses, who fasted to Donald Trump and his government.
On April 2nd, or the day of the “liberation”, as it baptized it, the Republican announced floating “reciprocal” customs duties in essentially all countries of the world, before it is back, facing panic in the markets, announcing a cessation of 90 Negotiations on trade agreements are held.
After brander and escalation of colossal duties on one side on the other hand, Beijing and Washington eventually consulted in the middle of May and lowered the duties to 10% for American goods and in 30% for Chinesein view of bilateral negotiations.
Despite this de -escalation, the Chinese Ministry spokesman once again adopted US protectionism that “no one benefits”.