Which Trump tariffs could the Supreme Court overturn? A breakdown of what’s at stake

Nevin Al Sukari - Sana'a - A US flag flies in front of cranes at the Conley Container Terminal, as the US Supreme Court is set to consider the legality of US President Donald Trump’s global tariffs, in Boston, Massachusetts November 4, 2025. — Reuters pic

WASHINGTON, Nov 5 — The US Supreme Court holds oral arguments today 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 September 23, before the government shutdown halted updates of US Customs and Border Protection agency data.)

Cranes stand over stacked shipping containers at the Conley Container Terminal, as the US Supreme Court is set to consider the legality of US President Donald Trump’s global tariffs, in Boston, Massachusetts November 4, 2025. — Reuters pic

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 US trade deficits, and punitive tariffs imposed on countries for non-trade political reasons.

Fentanyl-related tariffs

• China and Hong Kong, 10 per cent reduced from 20 per cent, US$28.9 billion (RM121.1 billion).
• Mexico, 25 per cent on goods not compliant with the United States-Mexico-Canada Agreement, or USMCA, on trade, US$5.7 billion.
• Canada 25 per cent on non-USMCA compliant goods, 10 per cent threatened additional tariff, US$2 billion.

Reciprocal tariffs:

• Rates from 10 per cent to 50 per cent imposed on goods from all trading partners except Russia. Largest source of IEEPA tariff revenue, US$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 South Korea at 15 per cent, and several southeast Asian countries at 19 per cent to 20 per cent. US officials have said these agreements are expected to continue regardless of the Supreme Court’s decision.

Punitive tariffs

• Brazil, 40 per cent in addition to 10 per cent reciprocal tariff, for the country’s prosecution of Trump ally and former president Jair Bolsonaro, US$292 million.
• India, 25 per cent in addition to a 25 per cent reciprocal tariff, over its purchases of Russian oil, US$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 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 per cent, US$4.8 billion; aluminium, 50 per cent, US$3 billion; autos 25 per cent, US$18.3 billion; auto parts 25 per cent, US$7.6 billion; copper 50 per cent, US$513.8 million; timber and lumber, kitchen/bathroom cabinets and upholstered furniture 10 per cent to 50 per cent, started October 14; heavy trucks, 25 per cent started November 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.

Christmas decorations made in China are displayed for sale, as the US Supreme Court is set to consider the legality of US President Donald Trump’s global tariffs, in Somerville, Massachusetts November 4, 2025. — Reuters pic

Unfair trade practices

Unfair trade practices duties under Section 301:

• Trump’s first-term tariffs on Chinese imports of 7.5 per cent to 25 per cent, US$35 billion. 
• Trump’s US port fees on Chinese-built, Chinese-owned and Chinese-flagged ships and 100 per cent-150 per cent 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 per cent tariffs on goods from Nicaragua over the country’s labour 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 per cent, US$434 million. Initiated in 2018 during Trump’s first term and set to expire this month unless extended by the US International Trade Commission. — Reuters