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        Customs & Trade

        Appeals court allows Trump to continue collecting tariffs under emergency powers law for now

        May 30, 2025

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        Washington, May 29 (AP) A federal appeals court on Thursday allowed US President Donald Trump to continue collecting tariffs under an emergency powers law for now, as his administration appeals an order striking down the bulk of his signature set of economic policies.

        The Court of Appeals for the Federal Circuit granted an emergency motion from the Trump administration arguing that a halt is “critical for the country's national security".

        The appeals court temporarily halted the order from a federal trade court issued a day before.

        Trump is facing several lawsuits arguing his “Liberation Day” tariffs exceeded his authority and left the country's trade policy dependent on his whims.

        A three-judge panel of the US Court of International Trade ruled Wednesday that Trump overstepped his authority when he invoked the 1977 International Emergency Economic Powers Act to declare a national emergency and plaster taxes – tariffs – on imports from almost every country in the world.

        The ruling was a big setback for Trump, whose erratic trade policies have rocked financial markets, paralysed businesses with uncertainty and raised fears of higher prices and slower economic growth. (AP) ARI

        Emergency powers invoked for tariffs permitted to continue temporarily as appellate review proceeds amid authority challenge. The central issue is whether use of the International Emergency Economic Powers Act to impose broad tariffs exceeded presidential authority. Plaintiffs secured a trade-court order finding the emergency invocation unlawful and striking the tariff scheme, and the administration obtained a temporary appellate stay permitting continued collection while it appeals, arguing that halting collections would harm national security and disrupt trade policy.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Emergency powers invoked for tariffs permitted to continue temporarily as appellate review proceeds amid authority challenge.

                                The central issue is whether use of the International Emergency Economic Powers Act to impose broad tariffs exceeded presidential authority. Plaintiffs secured a trade-court order finding the emergency invocation unlawful and striking the tariff scheme, and the administration obtained a temporary appellate stay permitting continued collection while it appeals, arguing that halting collections would harm national security and disrupt trade policy.





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