Appeals court allows 10% tariffs to remain in effect during appeals
ECONOMY

Appeals court allows 10% tariffs to remain in effect during appeals

Jun 11, 2026Updated 6:33pm ET

A federal appeals court allowed the U.S. government to keep collecting President Trump’s 10% worldwide import tariff while legal challenges move forward.

A federal appeals court allowed the U.S. government to keep collecting President Trump’s 10% worldwide import tariff while legal challenges move forward.

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What This is

  • A federal appeals court allowed the U.S. government to keep collecting President Trump’s 10% worldwide import tariff while legal challenges move forward.
  • The court extended a stay that temporarily blocks a lower-court ruling which had struck down the tariff under Section 122 of the Trade Act of 1974.
  • The appeal centers on whether Section 122 legally authorizes the administration’s tariff action and whether the government is likely to win on the merits.
  • The current tariff was imposed in February after the Supreme Court curtailed earlier tariffs, leading the administration to use a different legal basis.
  • The stay keeps duties in place for the challengers, which include two small businesses, the state of Washington, and another importer involved in the case.
  • The 10% global tariff is scheduled to expire in July unless Congress acts to extend it.

Why This Matters

  • Keeping tariffs in place during appeals affects prices and planning for firms that import goods and the consumers who buy them.
  • The case tests how much unilateral power a president has to impose broad tariffs using existing statutes rather than new votes in Congress.
  • Extending the stay shifts leverage in trade policy by letting the government collect duties now even if the policy could later be ruled unlawful.
  • The July expiration date makes the dispute time-sensitive and increases pressure on Congress to decide whether to keep or end the tariff policy.

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