Bangkok: Dr. Kobsak Pootrakul, Chairman of the Federation of Thai Capital Market Businesses (FETCO), recently revealed that former President Donald Trump is devising a strategy to counter the U.S. Supreme Court's decision to overturn his administration's import tariffs. The Supreme Court's ruling declared these tariffs unconstitutional, citing that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of customs duties.
According to Thai News Agency, Dr. Kobsak shared on his Facebook post that the total amount of import tariffs is projected to exceed $287 billion by 2025. He referenced an article from Deutsche Welle titled "Trump sweeping tariffs struck down: What happens next?" which detailed the Supreme Court's decision and its implications. Despite the ruling, the Trump administration is exploring alternative legislative pathways to reinstate tariffs, utilizing laws such as Section 122 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962, which permit temporary tariffs and those for national security reasons, respectively.
The court's decision could potentially allow importers to claim refunds on duties paid, as they are deemed "illegitimate." However, the process is expected to be complex and lengthy, with refunds being issued to the businesses that paid the duties rather than consumers. Customs reports indicate that import duties in 2025 amounted to over $287 billion, marking a substantial increase from the previous year.
Several lawsuits have been filed against the broad-based tariffs announced by Trump in 2025, challenging their legitimacy. Businesses like Learning Resources, Inc. have argued that tariffs are not included as an emergency power under the IEEPA. While the Supreme Court ruling represents a significant change in tariff policy, it signals a shift in the methodology and legal frameworks the Trump administration might employ moving forward.