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6 Nov 2025

International Economy

The US Supreme Court questions whether Trump’s tariffs under IEEPA exceed legal authority, while Trump is likely to proceed with import tariffs under other sections (Business Brief No.4212 Full Ed.)

คะแนนเฉลี่ย
  • On November 5, 2025, President Donald Trump’s tariff case entered the proceedings of the US Supreme Court. A majority of the justices expressed skepticism that President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose broad import tariffs was unconstitutional. This reflects that the imposition of import tariffs under this law is subject to intense scrutiny. The court’s ruling is expected to be announced by June 2026 at the latest, which marks the end of the court’s term. 
  • If the court rules that the imposition of tariffs under the IEEPA is unconstitutional and orders them to be suspended or revoked, it would significantly limit the President’s authority in trade policy and allow US importers to claim tariff refunds totaling nearly USD 90 billion, equivalent to approximately 5 percent of the US fiscal deficit for the 2025 fiscal year. However, global trade uncertainty is likely to persist, as the US administration could turn to other trade laws instead. 
  • Regarding the impact on Thailand, if the court orders the suspension or revocation of import tariffs under the IEEPA, it will benefit Thailand through the current 19-percent reciprocal tariff. Nevertheless, Thai exports still face the risk of being subject to Section 232 tariffs in the future, such as integrated circuits (ICs), diodes, and transistors in the semiconductor category, for which the US is currently considering and investigating the imposition of Section 232 tariffs.

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International Economy