Here’s what to know about Trump’s tariffs after a U.S. trade court rules them illegal

President Trump’s sweeping tariffs on goods imported from almost every foreign nation have been ruled illegal by the U.S. Court of International Trade, marking a setback for the president’s trade agenda — and adding another level of uncertainty for U.S. consumers and businesses. 

However, a federal appeals court in Washington, D.C., on Thursday temporarily halted the decision, reinstating the levies for now. Its order said that it would grant the Trump administration’s request for an immediate administrative stay, and gave the plaintiffs — five U.S.-based companies and a group of 12 states — until June 5 to respond to the administration.

The Wednesday ruling from the court halted the tariffs Mr. Trump assessed on virtually every other country on April 2, a day he termed “Liberation Day.” Some trading partners faced substantially higher import duties, with the president hiking tariffs on China-produced goods to as high as 145% before easing them temporarily earlier this month.

Mr. Trump’s trade agenda hinges on wide-ranging tariffs that he has promised will help bring back U.S. manufacturing jobs while also raising trillions in new revenue for federal coffers. The trade court decision could provide a measure of relief to American businesses and consumers, given that they’re typically on the hook for paying the tariffs when imports reach U.S. soil. However, the federal appeal’s decision on Thursday to reinstate the duties adds more uncertainty over tariffs.

As the Trump administration’s appeal works its way through the courts, it’s unclear whether business should ultimately plan for relief if the trade court’s ruling stands, or whether the tariffs might stick. And Mr. Trump could seek alternate routes to deploy additional tariffs, experts say. 

“At the moment, it is anyone’s guess as to whether these very unpopular tariffs will be reinstated on appeal or by the Supreme Court,” said Carl Weinberg, chief economist at High Frequency Economics, in a May 29 research note. “So, uncertainty is now poised to escalate.”

Here’s what to know about Mr. Trump’s tariffs following the ruling.

Are any of Mr. Trump’s tariffs still in effect? 

With the temporary stay imposed by the appeals court, all of his tariffs are — at least for now — still in effect.

But the U.S. Court of International Trade’s ruling applies to the Trump administration’s tariffs that were issued under the International Emergency Economic Powers Act, or IEEPA. The Trump administration has also levied additional import duties by tapping other trade rules, and those remain in effect. 

“The tariffs that remain in place are the Section 232 tariffs of 25% on automotive, steel and aluminum imports and the Section 301 tariffs on China that were imposed during President Trump’s first term and expanded under the Biden administration,” analysts at research company Capital Economics noted in a May 29 note.

The president cited the IEEPA to announce the so-called reciprocal tariffs on April 2. At the time of the announcement, Mr. Trump said that trade deficits with other nations represented “a national emergency.”

But the court on Wednesday ruled that Mr. Trump’s global tariffs aren’t authorized by the IEEPA, and said it would be unconstitutional for any law passed by Congress to give the president blanket authority to set tariffs.

“The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder,” the judges wrote Wednesday.

Could Mr. Trump reinstate the tariffs? 

Mr. Trump could reinstate the tariffs if he wins on appeal, but his administration could also seek other routes to reimpose the import duties, according to Goldman Sachs economists.

For instance, the president could use Section 122 of the Trade Act of 1974 to impose tariffs of up to 15%, but they would be limited to 150 days, according to Goldman Sachs. A section of the Trade Act of 1930 would allow the president to impose tariffs of up to 50% on imports from nations that discriminate against the U.S., they added.

“Section 232 tariffs, which President Trump has already used for steel, aluminum and autos, could be broadened to cover other sectors,” they noted. 

Kevin Hassett, director of the White House’s National Economic Council, told Fox Business on Thursday that the Trump administration had other tariff measures available that would take a few months to put in place. He added, “But we’re not planning on pursuing those right now because we are confident this ruling is incorrect,” Hassett said.

What about other lawsuits targeting the tariffs?

Mr. Trump’s tariffs are being challenged in a number of other lawsuits, including one filed by a family-owned toy company called Learning Resources. Its CEO, Rick Woldenberg, had told CBS MoneyWatch in April that he was suing because he believed the tariffs would prove catastrophic, both for his business and the U.S. economy. 

On Thursday, a federal judge in Washington, D.C., ruled in favor of Learning Resources, writing in his decision that the IEEPA “does not authorize the President to impose the tariffs.” The judge also blocked the Trump administration from collecting tariffs from the toy maker and its sibling business, hand2mind, writing that the companies were likely to suffer “significant and unrecoverable losses.”

Woldenberg told CBS MoneyWatch on Thursday that while the court’s decision was “gratifying,” he’s still facing uncertainty over the ongoing threat of tariffs because he expects the Trump administration to appeal the ruling.

“There is going to be a lot of dust in the air for the next two weeks as ’emergency this’ and ’emergency that’ are filed all over the place,” he said. “For things to change in our business, we need some certainty on our costs.”

What does this mean for U.S. businesses and consumers? 

Until the appeal is resolved, there will be some added level of uncertainty for U.S. businesses, which are on the hook for paying the tariffs when imported goods reach U.S. ports, some economists said on Thursday. 

Most or all of the tariffs are passed on to consumers in the form of higher prices, economists say, which has prompted them to forecast higher inflation in 2025. If the trade court’s decision is upheld, the effective tariff rate will ultimately be lowered, although it would still be significantly higher than it was prior to the current Trump administration.

“We calculate that the effective tariff rate is now 6.5%, up from 2.5% at the start of the year but far lower than the 15% rate based on our assumption of the IEEPA-related tariffs remaining in place,” noted Capital Economics on Thursday, after the trade court’s ruling but before the appeals court said the tariffs could remain in place temporarily.

“I hope this is a process that will lead to certainty,” Learning Resources CEO Woldenberg said about the two court rulings. But, he added, “until I know if it’s going to stick, I can’t plan around not paying the tariffs.”