Trump Administration appeals USCIT block of Section 122 tariffs

On Friday, May 8th, the Trump Administration announced that it had appealed the US Court of International Trade (USCIT) ruling blocking Section 122 tariffs. 

The 2-1 decision had been announced by the Court earlier that same day, effectively striking down the 10 percent global levy on imported goods imposed by the White House in February. 

US Trade Representative Jamieson Greer referred to the USCIT ruling on Fox Business Network's Mornings with Maria, saying judges "are apparently just ​hell-bent on ⁠importing from China." 

"They essentially said that Congress passed a law that can't be used, which we all know in the legal community, that's not how law should be ​interpreted," Greer stated during the broadcast. "They should be interpreted to be used. So we're confident ​that on appeal we'll be successful."

Despite the White House official's statements, it's not the first time Greer has expressed utter confidence in the Trump Administration's ability to defend its executive order-driven economic policy in Court.

News agency Reuters noted that he also appeared positive about the solidity of tariffs imposed under the International Emergency Economic Powers Act (IEEPA), which were struck down by the US Supreme Court in February. 

A second set of tariffs, canceled 

Section 122 of the Trade Act of 1974 allows the executive power to impose universal tariffs up to 15 percent for up to 150 days.

The provision was invoked by President Trump back in February in the wake of the SCOTUS decision that struck down the sweeping IEEPA tariffs imposed by the White House in April 2025. 

Unlike the SCOTUS decision, the USCIT ruling was not universal, and applied to three of the plaintiffs—spice seller Burlap & Barrel, toy company Basic Fun, and the state of Washington. In these cases, the Court ordered the exemption of future payments, as well as the refund of paid levies with interest. 

Section 122 levies will remain in place until July 24, when they'll expire.

The Trump Administration is expected to announce more tariffs, this time under Section 301 of the Trade Act. The provision is a more convoluted, long-term recourse to impose levies, but it's understood to be legally more robust against legal action.  

*All images are referential. 

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