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Trump tariffs face new court test in US trade court

A three-judge panel of the US Court of International Trade heard arguments on September 30 over the Trump administration’s latest round of global tariffs, in what lawyers called the third court challenge in less than two years to the White House tariff strategy.

The case targets duties of 10% or 12.5% imposed in late July under Section 301 of the Trade Act of 1974 on goods from dozens of countries, covering more than 99% of US imports. Four small businesses and 25 Democratic-led states argue the tariffs exceed presidential authority and use forced labour as a pretext.

The administration says the tariffs respond to countries’ failure to enforce bans on goods made with forced labour. Department of Justice attorneys told the court the trade representative acted within Section 301.

The panel includes judges appointed by Donald Trump, Barack Obama and Joe Biden, and is expected to issue a written ruling rather than decide from the bench. The Supreme Court struck down Trump’s earlier “reciprocal” tariffs in February, forcing refunds of more than $100 billion, and a separate 10% global tariff under Section 122 expired in July.

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