A U.S. federal appeals court has ruled that many of the tariff policies of the Donald Trump administration are illegal. This ruling cites the lower court's decision that the imposition of tariffs based on the International Emergency Economic Powers Act (IEEPA) is an action that exceeds legal authority.

However, the court has ordered that tariffs be maintained until October 14 to allow for an appeal.

Lee Jae-myung, the President of South Korea, listens to the remarks of Donald Trump, the President of the United States, during the Korea-U.S. summit held at the White House in Washington, D.C./Courtesy of Lee Jae-myung's SNS

On the 29th (local time), according to the New York Times (NYT) and Reuters, the U.S. Court of Appeals for the Federal Circuit ruled that the IEEPA, used by President Trump as a basis for imposing extensive tariffs, "not only does not mention tariffs, but also lacks procedural safeguards that explicitly limit the president's tariff authority."

This ruling follows an appeal by the government against the International Trade Court's (USCIT) May 28 ruling, which ordered President Trump to rescind the reciprocal tariffs implemented based on the IEEPA, asserting that the exclusive authority to impose tariffs lies with Congress.

If the ruling is upheld, the reciprocal tariffs imposed by the Trump administration will become void. The specific litigation targets are the tariffs imposed on China, Canada, and Mexico in February based on fentanyl inflows, as well as the tariffs imposed globally in April. Item-specific tariffs, such as those on steel and aluminum, are not included.

Immediately following the ruling, President Trump commented on the judiciary via the social media platform "Truth Social," calling the court "politically biased" and stating that "all tariffs remain in effect."

President Trump said, "If these tariffs disappear, it will be a total disaster for the country," adding, "The United States can no longer endure enormous trade deficits, unfair tariffs imposed by other countries, and non-tariff barriers."

At the same time, he noted, "With the help of the Supreme Court, we will use them (tariffs) in a manner that benefits Korea," hinting at a plan to appeal to the Supreme Court.

However, even with the appellate court's decision, President Trump's tariff policies will remain in effect for the time being. The final conclusion is expected to be made by the U.S. Supreme Court, which is considered conservative.

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