Trump comments on tariff ruling
President Donald Trump commented on the recent federal appeals court ruling that many of his administration's tariffs are illegal, stating, "This is a big setback, but we're not giving up. We'll appeal to the Supreme Court." The ruling, which is currently on hold until October 14, has the potential to refund billions of dollars in tariffs to businesses and re-evaluate trade deals with other nations.
The decision has not yet changed the underlying stance within the shipping industry and supply chain, according to logistics professionals. Paul Brashier, vice president of global supply chain for ITS Logistics, noted, "Right now, we have not heard anything much or seen any changes." Shippers are awaiting the appeal to the U.S. Supreme Court and its final decision, with most expecting the court to uphold the tariffs [1].
Treasury Secretary Scott Bessent believes the Supreme Court will uphold Trump's use of a 1977 emergency powers law to impose the tariffs, and the administration has a backup plan if it does not [1]. Mike Short, president of global forwarding at C.H. Robinson, said his company has received calls from multiple customers seeking clarity on the likelihood of the case going to the Supreme Court and the refund process [1].
The ruling concerns reciprocal tariffs on goods from most countries, in addition to drug-related tariffs affecting imports from Canada, Mexico, and China. These tariffs account for the lion's share of the duty outlay for many companies [1]. Alan Baer, CEO of OL USA, noted that the White House could also focus on a "slew of commodity-specific tariffs like the steel and aluminum" if the ruling stands [1].
The U.S. has generated $142 billion in tariff revenue so far this fiscal year, according to the most recent Treasury Department data [1]. If tariffs need to be refunded, the process could be straightforward or complex, depending on the Supreme Court's ruling [1]. The breadth of the global trade war is immense, with tariffs on more than 90 countries and all products exported into the United States in effect [1].
The Harmonized Tariff Schedule of the United States (HTSUS) contains over 11,000 eight-digit subheadings, with only about 5% exempt from the reciprocal tariffs [1]. Felicia Pullam, former executive director of the Office of Trade Relations at U.S. Customs and Border Protection, said that refunding the tariffs would be an enormous challenge for the administration but doable [1].
Tariff experts said that shippers have 314 days from the time their freight is processed through U.S. Customs to file an appeal [1]. The court decision has only increased uncertainty for importers, with most businesses assuming the tariffs are here to stay [1].
References:
[1] https://www.cnbc.com/2025/09/02/what-trump-court-loss-means-for-billions-in-tariffs-paid-to-government.html
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