All Eyes on Supreme Court as Fate of Reciprocal Tariffs Hangs in the Balance

Analysis by Energy Workforce President Tim Tarpley

LNG export
Energy Workforce President Tim Tarpley

The Supreme Court could issue its final ruling deciding the fate of the reciprocal tariff lines which are applicable at varying rates to most countries in the world.   President Trump spent the past week issuing a variety of statements designed to put pressure on the Supreme Court to allow the IEEPA tariffs to continue focusing on the repayment aspect and the burden a repayment of some or all of the reciprocal tariffs to importers would put on the United States.  There are a variety of ways the Supreme Court could rule if it does decide the IEEPA tariffs were beyond Presidential authority as was indicated by many of their questions during oral arguments.   The Court could rule that the tariffs must be either limited or pulled back altogether going forward but leave the past tariffs in place.  Or, as many legal observers have speculated, they may do, they could rule that since the President lacked the authority for the tariffs originally, they all must be refunded to the entity that paid them.  

If the ruling goes this way, the implications for EWTC companies will be significant considering the many millions of dollars that have already been paid in.  It is important to remember that regardless of which way the Supreme Court goes on its ruling, it will only affect IEEPA tariffs, Section 232 tariffs on steel and aluminum is a completely separate legal authority.   Stay tuned for full analysis of this ruling from EWTC.

President Floats Secondary Tariffs on Countries who Do Business with Iran

                In a development that has significant implications but has been somewhat overshadowed due to a whole host of other international issues that are happening on Monday President Trump stated that he was imposing new worldwide tariffs of 25% on all countries that due business with Iran.   This policy was announced via Truth Social so details were minimal.   It is unclear what authority the President would use for these tariffs considering IEEPA is hanging on the balance given the upcoming Supreme Court ruling.  It was also unclear when these would go into effect as formal details have not yet been released.   If and when any new tariffs are put into place they could be very significant.   Many of the Iran’s current trading parters such as China, India and Turkey also do significant trade with the United States.   While the President did not get into details, it is assumed that this new 25% rate would have to be on top of any other existing tariffs that are in place.   The situation in Iran continues to be fluid with the potential for US miliary strikes against the regime apparently on the table.  

Tim Tarpley, Energy Workforce President, analyzes federal policy for the Energy Workforce & Technology Council. Click here to subscribe to the Energy Workforce newsletter, which highlights sector-specific issues, best practices, activities and more.


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