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Which of Trump's tariffs could the U.S. Supreme Court strike down?

Published: 04 Nov. 2025, 10:07

U.S. President Donald Trump delivers remarks on tariffs in the Rose Garden at the White House in Washington, D.C., U.S., on April 2. [REUTERS/YONHAP]

The U.S. Supreme Court holds oral arguments on Wednesday over the legality of President Donald Trump's tariffs imposed under a law called the International Emergency Economic Powers Act, or IEEPA, that never previously was used for such a purpose. Trump's administration is hedging its bets by shifting its tariff push to other time-tested legal authorities, including tariffs imposed to protect strategic sectors on national security grounds and country-specific tariffs to combat unfair trade practices.

Here is a rundown of the Trump tariffs at issue in the Supreme Court case and those unaffected by the eventual decision by the nine justices. (Tariff rate given below, followed by assessed tariff collections listed for calendar year 2025 through Sept. 23, before the government shutdown halted updates of U.S. Customs and Border Protection agency data.)

Tariffs that fall under IEEPA

Trump's duties invoked under IEEPA fall into three categories: those related to illegal trafficking of the often-abused painkiller fentanyl, so-called reciprocal tariffs on all trading partners that are aimed at reducing the U.S. trade deficits and punitive tariffs imposed on countries for non-trade political reasons.

Fentanyl-related tariffs

- China and Hong Kong, 10 percent reduced from 20 percent, $28.9 billion.

- Mexico, 25 percent on goods not compliant with the United States-Mexico-Canada Agreement, or USMCA, on trade, $5.7 billion.

- Canada 25 percent on non-USMCA compliant goods, 10 percent threatened additional tariff, $2 billion.

Reciprocal tariffs

- Rates from 10 percent to 50 percent imposed on goods from all trading partners except Russia. Largest source of IEEPA tariff revenue, $51.6 billion.

- Numerous trade partners have reached agreements with the United States to reduce tariff rates from higher levels, including the European Union, Japan and Korea at 15 percent, and several southeast Asian countries at 19 percent to 20 percent. U.S. officials have said these agreements are expected to continue regardless of the Supreme Court's decision.

Punitive tariffs

- Brazil, 40 percent in addition to a 10 percent reciprocal tariff, for the country's prosecution of Trump ally and former president Jair Bolsonaro, $292 million.

- India, 25 percent in addition to a 25 percent reciprocal tariff, over its purchases of Russian oil, $274 million.

Tariffs not at issue before the Supreme Court

Tariffs imposed using a legal authority other than IEEPA include those under Section 232 of the Trade Expansion Act of 1962 and Sections 201 and 301 of the Trade Act of 1974.

Sectorial duties

Sectoral duties under Section 232 on national security grounds:

- Steel 50 percent, $4.8 billion; aluminum, 50 percent, $3 billion; autos 25 percent, $18.3 billion; auto parts 25 percent, $7.6 billion; copper 50 percent, $513.8 million; timber and lumber, kitchen/bathroom cabinets and upholstered furniture 10 percent to 50 percent, started Oct. 14; heavy trucks, 25 percent started Nov. 1.

- Section 232 tariff investigations underway cover the following sectors: semiconductors and derivative products, pharmaceuticals and ingredients, processed critical minerals, commercial aircraft and jet engines, unmanned aircraft and parts, wind turbines, polysilicon and derivative products, robotics and industrial machinery, medical equipment, medical consumables and personal protective equipment.

Unfair trade practices

Unfair trade practices duties under Section 301:

- Trump's first-term tariffs on Chinese imports of 7.5 percent to 25 percent, $35 billion.

- Trump's U.S. port fees on Chinese-built, Chinese-owned and Chinese-flagged ships and 100 percent-150 percent tariffs on Chinese-built port cranes imposed under Section 301. These have been suspended for a year as part of a de-escalation agreement between Trump and Chinese President Xi Jinping.

- Trump's proposed 100 percent tariffs on goods from Nicaragua over the country's labor rights, human rights and rule of law practices under an investigation started by former President Joe Biden's administration.

- Section 301 investigations underway that could lead to new tariffs cover China's efforts to dominate legacy semiconductor production; China's compliance with the "Phase One" trade deal reached with Trump in 2020 and Brazil's "unfair" tariffs, ethanol market access and digital trade policies.

Section 201 global safeguard tariffs

"Safeguard" duties imposed under Section 201 to protect domestic industries injured by a surge of imports:

- Solar cells and modules 15 percent, $434 million. Initiated in 2018 during Trump's first term and set to expire this month unless extended by the U.S. International Trade Commission.

Reuters