by Emmitt Barry, Worthy News Washington D.C. Bureau Chief
(Worthy News) – A federal appeals court on Tuesday temporarily allowed the Trump administration to continue collecting its 10% global tariff, pausing a lower-court ruling that found the import duties unlawful for three plaintiffs who had won relief last week. The U.S. Court of Appeals for the Federal Circuit issued a short-term administrative stay while it considers whether to keep the tariffs in place during the government’s appeal.
The dispute centers on President Donald Trump’s use of Section 122 of the Trade Act of 1974, a provision that allows temporary import surcharges under certain international economic conditions. The Court of International Trade ruled last week that the administration had not properly met the statutory requirements for imposing the 10% surcharge, but its relief was limited to the successful plaintiffs rather than a nationwide block.
The temporary pause means the tariffs resume for two businesses — Burlap & Barrel and Basic Fun! — as well as Washington state, which qualified as an importer through tariff payments made by the University of Washington, a public research institution. The plaintiffs now have seven days to oppose the administration’s request for a longer stay while the appeal proceeds.
The Trump administration imposed the 10% global tariff earlier this year after the U.S. Supreme Court struck down most of the broader tariffs Trump had imposed in 2025 under the International Emergency Economic Powers Act. The new tariff is scheduled to expire in July unless Congress extends it, because Section 122 generally limits such import surcharges to 150 days without congressional action.
The case has become another major test of executive power over trade policy. Supporters of Trump’s tariff strategy argue the president needs strong tools to defend American industry, confront unfair trade practices, and restore leverage in global markets. Opponents contend that tariff authority ultimately belongs to Congress and that consumers and businesses are paying the cost through higher import prices.
For now, the appeals court has preserved the status quo, allowing the administration’s trade policy to remain in force while the courts weigh the larger constitutional and statutory questions. The final outcome could shape how far future presidents may go in using emergency or temporary trade powers to reshape America’s economic posture.
Copyright 1999-2026 Worthy News. This article was originally published on Worthy News and was reproduced with permission.
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