On September 9, the Supreme Court approved President Trump’s request for a speedy review to decide whether he has authority to institute sweeping global tariffs within the context of the 1977 International Emergency Economic Powers Act.
- This should set off a series of filings starting with the government’s opening brief due September 19, followed by the plaintiffs that challenged the tariffs and the government’s reply by the end of October. Oral arguments are expected the first week of November.
On August 29, an appeals court confirmed an earlier ruling that the global tariffs were illegal and that Trump’s position as president does not grant him such authority to impose taxes on all countries.
- The tariffs were kept in place until mid-October, however, as the ruling anticipated an appeal to the Supreme Court.
- Sure enough, in response, the solicitor general asked the Supreme Court in a petition to decide by September 10 whether it will grant a review of the August 29 ruling, which it has not agreed to do, expiedantly.
The most recent ruling only prolonged the uncertainty that has become typical of 2025 for businesses navigating the tariff roller coaster as it affects supplying chain pricing. However, the Supreme Court represents the highest court in the nation, so a final ruling and possible resolution could be on the horizon.
The petition to the Supreme Court included a proposed schedule that would involve the court hearing, potentially resolving the case in a fairly quick fashion with the government filing arguments by September 19, the plaintiffs providing counterarguments by October 20, the government providing a reply by October 30 and oral arguments in early November.
- The Trump administration is taking the stance that the August 29 ruling has led to other world leaders “questioning the president’s authority to impose tariffs, walking away from or delaying negotiations, and/or imposing a different calculus on their negotiating positions” and therefore a quick resolution is necessary.
Potential Tariff Refunds?
Some experts assume that the U.S. government would have to pay back billions of dollars in taxes that were already collected in tariffs if they’re proactively deemed illegal.
Treasury Secretary Scott Bessent confirmed that assumption during an interview Sunday on Meet The Press.
“We would have to give a refund on about half the tariffs, which would be terrible for the Treasury,” Bessent said. When asked if the administration was prepared to provide those refunds, Bessent replied, “If the court says it, we’d have to do it.”
- The U.S. Customs and Border Protection has thus far collected more than $70 billion in tariff revenue from Trump’s country-specific duties.
Trade and customs experts have warned that repayments would be a logistical nightmare.
What Are Current Tariff Rates?
On April 2, Trump officially invoked a national emergency under the International Emergency Economic Powers Act, citing persistent U.S. trade deficits and associated economic impacts as justification to authorize new tariffs intended to address non-reciprocal trade practices and protect critical supply chains. The ensuing policies have changed rapidly and repeatedly since then, leaving business leaders wondering what the current rules are.
The document below, prepared by PPAI’s advocacy firm, Thorn Run Partners, provides a comprehensive A-Z list of the duties levied on each nation, including the current rate and a link to any exceptions. The document also includes information on tariffs for specific materials like steel and aluminum and an explanation of tariff stacking, which occurs when multiple tariffs apply to the same import, creating a cumulative rate that can significantly raise costs.
Read or download the full document below:
