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Court rules Trump’s 10% tariff is just as illegal as the tariff it replaced

Court rules Trump’s 10% tariff is just as illegal as the tariff it replaced

Posted on May 9, 2026 By safdargal12 No Comments on Court rules Trump’s 10% tariff is just as illegal as the tariff it replaced
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Trump has made it clear that he is not happy about court-ordered refunds, which some businesses should start receiving next week, Reuters reported. Last month, he cheered news that Apple and Amazon had yet to request refunds, which CNBC reported was due to fears of “offending” Trump. Deeming that response a sign that those companies understood the way Trump operates, he said, “I’ll remember” any companies that “honor” him by letting the US keep the unlawfully collected IEEPA tariffs.

Ars could not reach Apple or Amazon to clarify their positions on IEEPA tariff refunds.

Most likely, Trump is relieved that the international trade court did not require a similar universal injunction or widespread refunds on Section 122 tariffs. Notably, the president had griped that the Supreme Court failed in its opinion to include a line that said, “you don’t have to pay back tariffs that have already been received,” CNBC reported, suggesting that one part of his tariff strategy was to seize as many duties as he could and hope the courts would not order refunds.

No matter what happens with Section 122 refunds, Trump will probably prioritize concluding “two trade investigations under a legal provision known as Section 301” now that future Section 122 tariffs are unavailable, the NYT reported.

Currently, the United States trade representative is holding stakeholder hearings on those investigations, with the last hearing scheduled Friday and new tariffs expected to be announced as soon as this July.

Advocating for narrow tariffs are groups representing tech stakeholders, including the trade group the Consumer Technology Association and the think tank the Information Technology and Innovation Foundation (which Apple “supports”), Politico reported. They’ve urged USTR to narrowly focus on China—rather than all of the US trading partners—when imposing Section 301 tariffs. Otherwise, Trump’s goal of forcing more manufacturing into the US will face impediments, as tech companies will once again be rocked with high costs and supply chain uncertainties, they warned.

“Broad, economy-wide tariffs raise costs for US manufacturers, retailers and consumers while delivering limited enforcement benefits,” CTA’s vice president of international trade, Ed Brzytwa, reportedly testified. “Restricting access or increasing the cost of inputs that aren’t manufactured in sufficient quantities in the United States—or aren’t made here at all—can increase costs, reduce competitiveness and discourage investment in US manufacturing.”

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