Trump administration will win appeal of ruling against temporary tariffs, US trade chief says
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American Shipper
Post Date
05/11/2026
WASHINGTON, May 8 (Reuters) - U.S. Trade Representative Jamieson Greer said on Friday the Trump administration expects to prevail in an appeal of the Court of International Trades ruling against its temporary 10% global tariffs to replace duties struck down by the Supreme Court.
Greer told Fox Business Networks "Mornings with Maria" program that the Court of International Trade made a flawed decision in its 2-1 ruling that Trumps tariffs under Section 122 of the Trade Act of 1974 were inappropriate.
The statute allows temporary tariffs of up to 15% for 150 days to correct "large and serious" U.S. balance of payments deficits. But the court said this scenario did not apply to trade deficits.
"They essentially said that Congress passed a law that cant be used, which we all know in the legal community, thats not how law should be interpreted," Greer said. "They should be interpreted to be used. So were confident that on appeal well be successful."
The Section 122 duties were put in place immediately after the Supreme Court struck down Trumps broadest and deepest global tariffs under the International Emergency Economic Powers Act in February, and are expected to expire in July.
Greer, a veteran trade lawyer, said the Court of International Trade judges voting in the majority "are apparently just hell-bent on importing from China."
That court last year in its initial ruling against Trumps IEEPA tariffs said Section 122 was another law on the books that could be used for tariffs, Greer noted. Although the ruling did not specify the circumstances under which the statute could be used, Greer said Thursdays ruling contradicted the May 2025 opinion.
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