United States President Donald Trump | Photo: Getty Images

The United States Court of International Trade (CIT) declared illegal, this Thursday (7), the 10% global surcharge on imports imposed by the Donald Trump government in February 2026. By 2 votes to 1, the panel considered that the White House misused Section 122 of the 1974 Trade Act, a provision that requires proof of a “serious imbalance in the balance of payments” for the application of temporary tariff barriers.

The decision responds to a legal challenge filed by North American companies, which claimed that there was no legal justification for the measure. The business sector pointed to direct financial losses and instability in global supply chains resulting from the protectionist policy. With the legal setback, the Trump administration faces the challenge of sustaining one of the main themes of its second term, focused on economic isolationism.

Read more: After defeat at the Supreme Court, Trump announces 15% global tariff

This is the current administration’s second significant defeat in the Judiciary in less than a year. In early 2026, the Supreme Court had already invalidated similar tariffs based on emergency powers, which forced the government to initiate a massive refund process. It is estimated that public coffers must refund around US$166 billion illegally collected through customs, an amount that includes interest and benefits more than 330,000 importers.

US Customs and Border Protection has already made a portal available for affected companies to request the amounts, with initial payments expected to take between 60 and 90 days. Despite the decision, the tariffs remain in force for most products while the case progresses to the Federal Court of Appeals, where the Republican government will appeal to reverse the annulment. International analysts assess the scenario as a weakening of the “trade war” agenda promoted by Trump.

Source: vermelho.org.br



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