US Appeals Court Upholds Preliminary Reinstatement of Trump's Ten Percent Tariffs

The new tariffs of ten percent have been in effect since February 24, 2026, on most imports from abroad. Trump relies on a trade law from 1974 that limits the collection of such tariffs to a maximum of 150 days. A final ruling is still pending.

In its reasoning, the judges pointed to what they saw as the government's strong likelihood of success in the main proceedings. According to the court, Trump's administration had sufficiently demonstrated "dass sie in der Sache wahrscheinlich Erfolg haben wird." At the same time, the court found that both sides had presented compelling arguments.

Reasoning of the Appeals Court

The US government had also cited potentially irreparable harm if the tariffs were wrongly set aside until a final decision. This reasoning contributed substantially to maintaining the suspension of the lower court's ruling.

Plaintiffs in the case include the state of Washington as well as two companies. They had argued that Trump, by imposing the across-the-board ten percent duty, had exceeded the limits drawn by the Constitution. The Court of International Trade in New York initially agreed with this argument.

The appeals court had already provisionally halted that decision and has now reaffirmed it. The duty therefore remains in effect for now while the main proceedings continue. When a final decision by the appeals court can be expected initially remained unclear.

Possible Appeal to the Supreme Court

Observers consider it possible that, after a ruling by the appeals court, the case could still go all the way to the Supreme Court in Washington. There, a final and conclusive decision on the legality of the tariffs could ultimately be made. Such a step would prolong the legal dispute by several months.

The background is that Trump had imposed the new tariffs after the Supreme Court had previously declared numerous earlier tariff measures of his to be unlawful. By switching to the 1974 trade law, the administration sought a different legal basis, which is itself, however, tied to a maximum duration of 150 days.

The US government argues that the tariffs are necessary to correct trade imbalances and protect the domestic economy. Critics see it as an overreach of the powers granted to the president by the Constitution in the area of trade policy.

Economic and Foreign Policy Consequences

The dispute also has significant foreign economic implications. Since the ten percent duty affects most imports from abroad, it impacts supply chains, consumer prices, and relations with trading partners. Numerous governments had already previously announced or implemented retaliatory measures.

The appeals court emphasized that its decision was purely procedural in nature and made no statement about the outcome of the main proceedings. The judges intended, by suspending the lower court's block, to preserve the status quo until a comprehensive review is carried out.

Industry associations and chambers of commerce in the US have viewed the provisional maintenance of the tariffs with concern. They fear rising costs for imported intermediate and finished products. At the same time, parts of industry that face international competitive pressure welcomed the measure as a necessary instrument.

Outlook on the Main Proceedings

In legal circles, the appeals court's decision is seen as a pragmatic compromise. A final ruling is still pending, so that the constitutional questions surrounding the president's powers in tariff law remain open.

The case could ultimately end up before the Supreme Court. Should the highest court agree to hear the appeal, a decision would not be expected before next year at the earliest. Until then, the tariffs remain in force according to the current state of affairs.

The coming weeks will likely show whether the appeals court judges will expedite the main proceedings or whether additional briefs and hearings will first be scheduled. What is clear is that the legal battle over Trump's tariff policy is entering a new round.