Trump’s Tariffs

Trump’s Basis for Tariffs
In February 2025, President Trump declared national emergencies and invoked the International Emergency Economic Powers Act (IEEPA) to impose tariffs on Canada, Mexico, and China, citing concerns over fentanyl trafficking. In April 2025, he declared a fourth national emergency to implement worldwide “Liberation Day” tariffs of 10 percent globally plus “reciprocal” tariffs of up to 50 percent on selected countries. The administration asserts these actions fall under IEEPA’s broad grant of authority to “regulate…importation” during declared emergencies.
IEEPA was enacted in 1977 to cabin the broad emergency powers previously granted under the Trading With the Enemy Act. While IEEPA gives the President authority to regulate imports during emergencies involving “unusual and extraordinary threats,” the statute does not explicitly mention tariffs.
Multiple lower courts—including the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit—have ruled that IEEPA does not authorize tariff imposition, invalidating the executive orders establishing these tariffs.
The legality of Trump’s tariffs is currently being reviewed by the US Supreme Court.
What is a tariff?
A tariff is a tax imposed by a government on a company’s products that are imported into the U.S. For example, a 10% tariff on Chinese goods imported by Walmart into the US would raise the cost of those goods by 10% to Walmart. Companies that export goods pay tariffs, not governments.
The positive side of tariffs is that they generate revenue for the country that imposes the tariffs. They also encourage companies to establish manufacturing facilities inside the US to avoid additional costs.
The negative side of tariffs is that they are often met with opposing tariffs on goods exported to the other country in retaliation. This is often referred to as a Trade War. For example, a tariff on imported electrical goods from China might be met with a tariff by China on US agricultural products. This reduces demand for imported products and encourages the importation of goods from other countries without tariffs. This can lead to a permanent shift in supply chains.
Another cost is that companies often pass the higher costs of imported goods on to the consumers, so ultimately, the tariffs could end up raising the cost of goods to the consumers.
Many companies assemble products that use parts imported from other countries. As a result, tariffs can raise the cost of domestically produced products as well.
While tariffs can encourage companies to create domestic manufacturing, it can take years to build new plants. This can lead to shortages due to production disruptions.
Here is what Investor’s Business Daily said about tariffs-
In today’s market-leaning global economy, many economists argue that they are bad for the economy and harmful to consumers.
For instance, the Smoot-Hawley Tariff could be perceived as worsening the Great Depression in the 1930s. In an attempt to strengthen the U.S. economy during the Great Depression, Congress passed the Smoot-Hawley Tariff Act, which increased tariffs on farm products and manufactured goods.1 In response, other nations, also suffering from economic malaise, raised tariffs on American goods, bringing global trade to a standstill. Because of the tariffs during that era, economists have estimated that overall world trade declined about 66% from 1929 to 1934.
U.S. State Department, Office of the Historian. “Milestones: 1921–1936.”
The Supreme Court and Tariffs
The Supreme Court is currently deliberating on one of the most significant constitutional cases of the Trump presidency: whether the International Emergency Economic Powers Act (IEEPA) of 1977 authorizes the President to impose sweeping tariffs on imports from countries worldwide.
At stake is over $200 billion in tariff revenue collected in 2025, the constitutional balance of power between Congress and the President, and the broader question of whether emergency powers can be used for routine economic policymaking. The Court’s decision will have profound implications for trade policy, executive authority, and the separation of powers.
Possible Outcomes and Their Implications
Outcome 1: Court Upholds the Tariffs (Pro-Administration)
If the Supreme Court rules that IEEPA authorizes the President to impose tariffs, it would represent a dramatic expansion of executive power. This outcome would establish precedent for governing by emergency declaration across numerous policy areas. Future presidents could invoke IEEPA or similar emergency statutes to circumvent congressional authority and statutory constraints in domains ranging from climate policy to technology regulation.
Implications:
- Executive Power: Creates a “one-way ratchet” where presidential authority expands permanently, as Congress would need a veto-proof supermajority to reclaim delegated powers.
- Trade Policy: The President could maintain indefinite worldwide tariffs, fundamentally reshaping U.S. trade relationships without meaningful congressional oversight.
- Economic Impact: Businesses would face continued uncertainty and elevated costs, with over $200 billion in tariffs remaining in force. No refunds would be issued.
- Constitutional Structure: Would weaken the separation of powers by allowing the President to exercise core congressional taxing authority through emergency declarations subject to minimal judicial review.
Outcome 2: Court Strikes Down the Tariffs (Pro-Challengers)
If the Court rules that IEEPA does not authorize tariff imposition, it would invalidate the executive orders and potentially trigger massive refund obligations. This outcome would reaffirm congressional primacy over taxation and trade policy while establishing important limits on emergency powers.
Implications:
- Refund Process: Companies that paid tariffs would be entitled to refunds exceeding $200 billion. However, the refund process could take 1-2 years due to administrative complexity, despite the itemized nature of tariff payments. Importers would need to file protests under 19 U.S.C. § 1514 or use post-summary corrections for recent entries.
- Alternative Tariff Mechanisms: The administration has stated it would immediately implement tariffs using alternative statutory authorities, including Section 232 (national security), Section 301 (unfair trade practices), Section 338 (counter-discrimination), or Section 122 (temporary measures). However, these provisions contain procedural requirements and substantive limitations absent from the administration’s interpretation of IEEPA.
- Constitutional Doctrines: Would strengthen both the major questions doctrine and non-delegation doctrine, requiring clear congressional authorization for presidential actions of vast economic significance and preventing abdication of core legislative powers.
- Congressional Role: Would restore congressional primacy over trade and taxation, potentially prompting legislative action to either ratify the tariffs or establish clearer frameworks for presidential trade authority.
Outcome 3: Prospective-Only Remedy (Limited Invalidation)
The Court could adopt a middle approach by holding the tariffs invalid but limiting relief to prospective application only. This would mirror the Court’s approach in Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982), where it gave Congress time to fix an unconstitutional statute. The Court could stay its decision for several months to allow congressional action.
Implications:
- Limited Refunds: Companies would not generally receive refunds for tariffs already paid, though the Court might create exceptions for plaintiffs who filed protective actions.
- Congressional Window: Would provide Congress time to either explicitly authorize the tariffs, create a new framework, or allow them to lapse, allowing the political process to resolve the dispute.
- Political Compromise: This approach would acknowledge constitutional concerns while avoiding the administrative burden of massive refunds and the economic disruption of immediate invalidation.
- Precedential Uncertainty: However, this approach might leave key constitutional questions unresolved and could be seen as a judicial compromise rather than principled constitutional interpretation.

ACTION: Contact your member of Congress to express your support or opposition to Tariffs.

- House Ways and Means Committee – Has had exclusive jurisdiction over tariffs. This is the chief tax-writing committee in the House, and exercises jurisdiction over tariffs, reciprocal trade agreements, and related revenue measures.

- Senate Finance Committee – Has jurisdiction over tariffs and import quotas, and matters related to it. The committee also oversees the Office of the United States Trade Representative.
Background on tariffs
Top 10 Exporters (things we buy from them) to the US
1) Mexico: $480.08 billion (15.1%)
Vehicles are the biggest US imports from Mexico worth $130.03 billion in 2023.
2) China: $448.03 billion (14.1%)
Electrical machinery and equipment are the biggest US imports from China worth $126.67 billion in 2023.
3) Canada: $431.19 billion (13.6%)
Mineral fuels and mineral oils are the biggest US imports from Canada worth $131.90 billion in 2023.
4) Germany: $163.08 billion (5.1%)
Nuclear reactors and machinery are the biggest US imports from Germany worth $34.59 billion in 2023
5) Japan: $151.58 billion (4.8%)
Vehicles are the biggest US imports from Japan worth $50.80 billion in 2023.
6) South Korea: $119.72 billion (3.8%)
Vehicles are the biggest US imports from South Korea worth $38.42 billion in 2023.
7) Vietnam: $118.94 billion (3.7%)
Electrical machinery and equipment are the biggest US imports from Vietnam worth $41.78 billion in 2023.
8) Taiwan: $89.91 billion (2.8%)
Nuclear reactors and machinery are the biggest US imports from Taiwan worth $34.51 billion in 2023.
9. India: $87.28 billion (2.8%)
Natural or cultured pearls, precious stones, and metals are the biggest US imports from India worth $12.36 billion in 2023.
10. Ireland: $82.71 billion (2.6%)
Pharmaceutical products are the biggest US imports from Ireland worth $36.02 billion in 2023.
What are the top 10 Mexican imports to the US?
1. Vehicles: $130.03 billion
Mexico’s export of vehicles to the US has seen considerable growth, with a wide range of cars, trucks, and SUVs being shipped across the border in 2023. The HS Code of Vehicles is 8703.
2. Electrical Machinery: $85.55 billion
Another essential component of Mexico’s exports to the US is electrical machinery. Mexico has made significant investments in the production of electrical equipment to the US. The HS code for electrical machinery is 8530.
3. Nuclear Reactors: $81.61 billion
Mexico’s nuclear energy sector has been growing steadily, with the export of nuclear reactors and components playing a vital role in the country’s trade with the US. The HS code for nuclear reactors and machinery is 8401.
4. Mineral Fuels and Mineral oils: $25.02 billion
In 2023, Mexico’s export of mineral fuels and oils has continued to be a crucial aspect of the bilateral trade relationship between the two countries. The HS code for mineral fuels and oils is 27.
5. Optical, measuring, medical, or surgical instruments: $22.33 billion
Mexico’s export of optical, measuring, medical, and surgical instruments to the US has been on the rise in 2023. The HS code for optical, measuring, medical, and surgical instruments is 9031.
6. Furniture, bedding, and mattresses: $13.35 billion
In 2023, Mexico’s export of furniture, bedding, and mattresses to the US has continued to grow, reflecting the high quality and affordability of Mexican-made products. The HS code for furniture, bedding, and mattresses is 9403.
7. Beverages, spirits, and vinegar: $11.75 billion
Mexican beverages, spirits, and vinegar have gained popularity in the US market, contributing to Mexico’s export success in 2023. The HS code for beverages, spirits, and vinegar is 22.
8. Commodities not elsewhere specified: $10.91 billion
Mexico’s exports to the US in 2023 are not limited to specific industries but encompass a wide range of products classified as commodities not elsewhere specified. The HS code for this commodity is 99.
9. Edible fruit and nuts: $10.86 billion
Mexico is also a significant exporter of edible fruits and nuts to the US. The HS code for edible fruits and nuts is 0801.
10. Edible vegetables, certain roots, and tubers: $9.52 billion
Mexico’s export of Edible vegetables, certain roots, and tubers to the US has continued to grow, catering to the increasing demand for healthy and natural foods in the US market. The HS Code for Edible vegetables, certain roots, and tubers is 07.
SOURCE: https://www.tradeimex.in/blogs/top-mexico-exports-to-us
What are the top 10 Canadian imports to the US?
1. Mineral Fuels and Oils (HS Code 27): $131.90 billion
The largest commodities that the US imports from Canada are mineral fuels and oils. With a total import value of $131.90 billion and over 43,500 shipments, this category plays a crucial role in the energy supply chain of the United States. There are 6800+ mineral fuels and oil importers in the US who import from Canada.
2. Vehicles (HS Code 87): $56.35 billion
Another significant category of US imports from Canada is vehicles, with an import value of $56.35 billion and over 18,200 shipments. Canada is a major exporter of automobiles and automotive parts to the United States, contributing to the robust automotive industry in North America. Around 2400+ vehicles importers in USA.
3. Nuclear Reactors and Machinery (HS Code 84): $31.85 billion
Nuclear reactors and machinery are also key categories of goods that the US imports from Canada, with a total import value of $31.85 billion and over 15,300 shipments. These goods play a crucial role in various industrial sectors in the United States. There are 3500+ US importers of this commodity who import from Canada.
4. Plastics and Articles Thereof (HS Code 39): $13.67 billion
Plastics and articles thereof are another important category of US imports from Canada, with an import value of $13.67 billion and over 12,000 shipments. Plastics are used in a lot of industries, such as packaging and manufacturing. About 2100+ active plastic importers in USA import from Canada.
5. Precious Stones and Metals, Pearls (HS Code 71): $13.10 billion
Canada is also a significant exporter of precious stones and metals, as well as pearls, to the United States. With an import value of $13.10 billion and over 9,800 shipments, these goods play a crucial role in the jewelry and luxury goods industries. There are around 1500+ active importers of precious stones and metals in the US who import from Canada.
6. Wood and Articles of Wood (HS Code 44): $11.45 billion
The US also imports a significant amount of wood and articles of wood from Canada, with a total import value of $11.45 billion and over 8,400 shipments. These goods are used in various industries, including construction, furniture manufacturing, and paper production. Around 1200+ wood importers in the USA import wood from Canada.
7. Aluminum and Articles Thereof (HS Code 76): $11.22 billion
Over 7,500 shipments and an import value of $11.22 billion make aluminum and articles thereof one of the main categories of Canadian goods that the US imports and purchases. Canada is a major producer of aluminum, and these goods are used in various industries, including automotive manufacturing and aerospace. 1000+ aluminum importers in the US import Aluminum from Canada.
8. Electrical Machinery and Equipment (HS Code 85): $9.84 billion
Canada is also a significant exporter of electrical machinery and equipment to the United States, with an import value of $9.84 billion and over 6,800 shipments. These goods are used in various industries, including electronics manufacturing and renewable energy. 1800+ electrical machinery importers in the USA import electrical machinery and equipment from Canada.
9. Iron and Steel (HS Code 72): $8.36 billion
Iron and steel are crucial categories of US imports from Canada, with a total import value of $8.36 billion and over 6,200 shipments. These goods are used in various industries, including construction, automotive manufacturing, and infrastructure development. Around 900+ iron and steel importers and buyers in the US import iron and steel from Canada.
10. Aircraft, Spacecraft, and Parts Thereof (HS Code 88): $7.94 billion
Finally, aircraft, spacecraft, and parts thereof are significant categories of US imports from Canada, with an import value of $7.94 billion and over 5,000 shipments. Canada is a major player in the aerospace industry, and these goods are essential for the aviation sector in the United States. There are 750+ importers of aircraft and spacecraft in the US who import from Canada.
SOURCE: https://www.usimportdata.com/blogs/canada-usa-trade-statistics-data-top-10-us-imports-from-canada
What are the top 10 China imports to the US?
The following are the top 10 Chinese exports during 2021. This top 10 accounts for 68.4% of the total US$ value for all exports from China.
1. Electrical Machinery and Equipment–
US$804.5 billion (26.6% of total exports from China)
2. Machinery including Computers –
US$492.3 billion (16.3% of total exports)
3. Furniture, Bedding, Lighting, Signs & Prefabricated Buildings –
US$126.3 billion (4.2% of total exports)
4. Plastics & Plastic Articles –
US$118.1 billion (3.9% of total exports)
5. Vehicles –
US$108.9 billion (3.6% of total exports)
6. Toys & Games –
US$94.0 billion (3.1% of total exports)
7. Optical, Technical & Medical Apparatus –
US$88.8 billion (2.9% of total exports)
8. Articles of Iron & Steel –
US$85.4 billion (2.8% of total exports)
9. Clothing & Accessories –
US$78.2 billion (2.6% of total exports)
10. Organic Chemicals –
US$73.0 billion (2.4% of total exports)
Source: World’s Top Exports https://www.agi.global/news/what-are-the-top-10-chinese-exports



