Court rules Trump’s 10% tariff is just as illegal as the tariff it replaced

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Trump has made it clear he is not happy with the court-ordered refunds, which some businesses should start receiving next week, Reuters reports. Last month, he expressed joy at the news that Apple and Amazon had not yet requested refunds, which CNBC reported was due to fears of “humiliating” Trump. Taking that response as a sign that those companies understand Trump’s way of doing things, he said, “I will remember” those companies “respect” the United States by allowing them to keep the IEEPA tariffs they collected illegally.

Ars could not reach Apple or Amazon to clarify their position on IEEPA tariff refunds.

Most likely, Trump is relieved that the International Trade Court did not require a similar universal injunction on Section 122 tariffs or blanket refunds. Specifically, the President complained that the Supreme Court had failed to include a line in its opinion stating, “You shall not have to repay the tariffs you have already received,” CNBC reported, adding that part of his tariff strategy was to seize as many duties as possible and hope the courts would not order refunds.

No matter what happens with Section 122 refunds, Trump would probably prefer to end “two trade investigations under a legal provision called Section 301” as long as Section 122 tariffs are unavailable in the future, the NYT reported.

Currently, the United States Trade Representative is holding stakeholder hearings on those investigations, with the final hearing scheduled for Friday and new tariffs are expected to be announced as soon as this July.

As Politico reports, advocating for the narrow tariffs are groups representing tech stakeholders, including the trade group Consumer Technology Association and the think tank Information Technology and Innovation Foundation (which Apple “supports”). He has urged the USTR to focus on China rather than all US trading partners when imposing Section 301 tariffs. Otherwise, Trump’s goal of forcing more manufacturing into the US will face obstacles, as tech companies will once again be hit by higher costs and supply chain uncertainties, he warned.

Ed Brzezita, CTA’s vice president of international trade, reportedly testified, “Sweeping, economy-wide tariffs raise costs while providing limited enforcement benefits for U.S. manufacturers, retailers, and consumers.” “Restricting access or increasing the cost of inputs that are not manufactured in sufficient quantities in the United States or are not made here at all could increase costs, reduce competitiveness, and discourage investment in American manufacturing.”



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