Trade Court Rules Trump's 10% Global Tariff Unlawful; DOJ Appeals

A Court of International Trade panel ruled in a 2-1 decision that the 10% global tariffs imposed in February are unlawful, and the Department of Justice filed a notice of appeal, court records show.

The tariffs were imposed in February under Section 122 of the Trade Act as a temporary replacement after earlier IEEPA-based tariffs were struck down by the Supreme Court, according to court documents.

The court granted injunctions to two small businesses and the state of Washington, and President Trump criticized the judges while White House spokesman Kush Desai publicly defended the administration's tariff authority.

Roughly 330,000 importers paid more than $166 billion in tariffs, and estimates of refunds owed range roughly $166 billion to $175 billion plus interest, according to officials and analysts.

U.S. Customs and Border Protection launched an ACE Secure Data Portal in late April requiring original brokers to upload Consolidated Administration and Processing for Entries Declaration files, and consultants say refunds could take about 60 to 90 days.