
The US government can continue collecting the 10 per cent worldwide tariff it imposed in February while legal challenges to the levies continue to work their wa...
A federal appeals court ruled Thursday that the Trump administration can keep collecting the 10% worldwide tariff imposed in February while the underlying legal challenges play out. The decision from the Court of Appeals for the Federal Circuit in Washington is a procedural win for the government. The court said the administration’s case was “likely to succeed on the merits.”
The tariffs rest on Section 122 of the Trade Act of 1974, a Cold War–era provision that had never before been used to justify import taxes. It lets the president impose worldwide duties of up to 15% for 150 days without congressional approval. After that window, extension requires a vote. The current tariffs expire July 24.
Section 122 is meant to address what the law calls “fundamental international payments problems.” The key legal question is whether a trade deficit qualifies. The administration says yes. That interpretation was rejected last month by a split three-judge panel of the Court of International Trade in New York, which found the tariffs “invalid” and “unauthorised by law.” The panel ruled 2–1 that Trump exceeded the tariff power Congress delegated under the statute.
The appeals court did not rule on the merits. It simply blocked the lower court’s injunction from taking effect while the appeal proceeds. That means importers continue paying the 10% levy on most goods coming into the country.
For companies that rely on imported raw materials or finished products, the ruling extends a period of uncertainty. The tariffs add a direct cost that cannot be passed through to consumers in every sector. Margins get squeezed. Supply-chain decisions that were put on hold after the earlier trade-court ruling may remain frozen until the legal path becomes clearer.
The case is headed toward the Supreme Court. Both sides have signaled they will appeal whichever way the Federal Circuit eventually rules. If the high court takes it up, a decision could come before the July 24 expiration date – or after. If the tariffs expire without extension, the levy disappears automatically. If Congress extends them, the fight shifts from the courts to the Capitol.
The real risk for traders and CFOs is not the tariff itself but the timeline. A quick Supreme Court ruling against the tariffs would remove the cost. A delay until after July 24 could leave the levy in place without a clear end date if Congress acts. The next concrete marker is the Federal Circuit’s merits decision, which could come within weeks.
Prepared with AlphaScala research tooling and grounded in primary market data: live prices, fundamentals, SEC filings, hedge-fund holdings, and insider activity. Each story is checked against AlphaScala publishing rules before release. Educational coverage, not personalized advice.