The US International Trade Court blocked the enforcement of a 10% blanket import tariff on Thursday, ruling that President Donald Trump incorrectly invoked decades-old trade law to impose the duties.
The court found Trump misapplied existing trade legislation when he issued the tariffs in February. The ruling follows the US Supreme Court’s earlier decision striking down Trump’s “reciprocal” tariffs as illegal, on the grounds that the International Emergency Economic Powers Act did not authorise presidential tariff imposition.
Rabobank analyst Gorjan Nikolik told Salmonexpert the tariffs remain technically in force, but the latest ruling strengthens the case for refunds of import duties already paid. Chilean salmon exports will face fewer restrictions in the US market as a result, Nikolik said.
The current ruling applies to the two companies that filed the lawsuit and the state of Washington. The Department of Justice may appeal to the Federal Circuit Court of Appeals, which has previously ruled against the government.
Hours after the ruling, Trump announced a replacement tariff of 10% under Section 122 of the Trade Act of 1974, signalling the administration intends to maintain import barriers through alternative legal mechanisms.
That new tariff now faces its own legal exposure, and further court challenges are expected. For Chilean exporters, who have been gaining US market share as Norwegian salmon volumes decline, the refund question and the durability of any replacement tariff will be the key issues to watch.