Trump administration appeals tariff ruling ahead of China talks

May 8, 2026 1:50 PM EDT

Investing.com -- The Trump administration on Friday appealed a court ruling that blocked a 10% global tariff imposed in February, according to court documents.

The U.S. Court of International Trade ruled on Thursday in a 2-1 decision that Section 122 of the 1974 Trade Act was not meant to address trade deficits that occur when the U.S. imports more goods than it exports. The court blocked the tariffs for three importers that sued - two small businesses and the state of Washington.

The ruling applies to levies set to expire in about two months and comes a week before Trump is scheduled to discuss trade tensions with Chinese President Xi Jinping in Beijing.

The decision sets up another legal battle over billions of dollars in tariff refunds, occurring three months after the U.S. Supreme Court struck down Trump's global tariffs imposed under a national emergencies law.

Trump blamed the trade court decision on "two radical left judges" when speaking to reporters on Thursday.

The Supreme Court ruled in February that Trump had no authority to impose the earlier tariffs under the International Emergency Economic Powers Act. Following that ruling, Trump imposed replacement tariffs of 10% on all imports using Section 122 of the Trade Act.

The tariffs were temporary and are due to expire on July 24 unless extended by Congress.



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