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Trump Administration working to increase tariffs to 15%

A White House official revealed that the United States started collecting a temporary 10% global import tax on Tuesday. However, after the Supreme Court's ruling last week, there is confusion about President Donald Trump’s tariff policy. The Supreme Court ruled that the emergency law imposed broad duties on imports. Trump initially signed an order for a temporary 10% tariff to last 150 days. On Saturday, however, he announced he was increasing the rate to 15 percent. The U.S. Customs and Border Protection agency informed shippers on Monday night that the tariff would be 10%.

The White House official said that Trump had not changed his mind about his desire to impose a 15% tariff on Section 122 of Trade Act of 1974. However, he did not provide any details regarding the timing of this increase.

CBP is only able to act on executive orders or proclamations that are published by the president. As of Monday, Trump has not yet signed an official presidential order for a 15% increase.

CBP's notification referred to the Friday order and stated that imports "would be subject to an additional 10% ad value rate."

Why is the rate lowered?

This move has added confusion to the U.S. Trade Policy, as no explanation was given in the notice about why the lower rate had been used.

In a note, Deutsche Bank stated that "Trump will deliver the State of the Union Address tonight. It's possible we could get a better idea of the next steps regarding tariffs."

Analysts said that they still believe the effective tariff rate will fall this year, and that the post-SCOTUS world will have lower tariffs.

While a 10% tariff may be less harsh than anticipated, traders cited the uncertainty surrounding trade prospects as a reason why global stocks opened lower Tuesday. The major U.S. indices, however, ended higher as tech stocks recovered. The Nasdaq rose 1.05%; the Dow Jones Industrial Average rose 0.76%; and the broad S&P 500 Index gained 0.77%.

The Supreme Court had ruled that the old tariffs were invalid and the collection of them was stopped. The tariffs ranged between 10% and as high as 50%.

REFUND MOTIONS FILED

The plaintiffs in the Supreme Court's tariff case have filed motions in federal courts on Tuesday to enforce their ruling and begin the refund process.

Liberty Justice Center and Neal Katyal, its co-counsel in Washington and New York, filed coordinated motions at the U.S. Court of International Trade and U.S. Court of Appeals Federal Circuit seeking an immediate mandate to return the matter to CIT. They also wanted the government to issue instructions to refund tariffs and interest. The Supreme Court sent the case back to lower courts for any refunds. According to an estimate by the Penn-Wharton Budget Model, more than $175 Billion in federal revenue was collected under the 1977 International Emergency Economic Powers Act from now-invalid Tariffs.

Sara Albrecht of the Liberty Justice Center who represented five small business challenging the tariffs said that the government must be held accountable for its earlier promises to provide automatic refunds in the event the tariffs are overturned.

Albrecht stated in a press release that the government "cannot promise to the courts refunds would be automatic, if the illegal tariffs were struck down by the Supreme Court, and then after the ruling, claim these refunds could take 'years. "It's simple: the government illegally imposed a tariff on Americans and stole their money. "We'd like to get it back."

EU RESURRED ABOUT TRADE DEAL. The new 10% tariff is a problem for the European Union. They agreed to a deal that had a base tariff of 15%. The European Commission's Trade Minister,?Maros?Sefcovic, said that the EU faces a "transitional phase" due to Trump's temporary tariff. However, he added that U.S. officials had reassured him Washington would stand by the deal.

It is unclear whether and how the Supreme Court will refund companies for the tariffs they paid under the program that was annulled.

Section 122 of the law allows for the president to impose new duties up to 150-days to address "large, serious" balance-of payments deficits and "fundamental problems with international payments." Trump's tariffs order claimed that there was a "serious" balance-of payments deficit in the form a $1.2 trillion annual U.S. goods-trade deficit, current account deficits of 4% GDP and a reverse of the U.S. primary-income surplus. Some economists and lawyers claim that the U.S. does not face a balance of payments crisis. This makes the new duties susceptible to legal challenges. China's Commerce Ministry said Tuesday that it urged Washington to drop its "unilateral" tariffs, indicating that the country was ready to engage in another round of talks with the largest economy. Mark John, Francesco Canepa, and Andrew Chung contributed to the report in New York and London. David Lawder, Mark John, and Sharon Singleton edited it.

(source: Reuters)