Nov 06, 20253 min read

Post-Busan Trump Tariffs: Policy Moves and Court Scrutiny

Introduction

Since the Oct. 30 Trump–Xi meeting in Busan, the administration outlined adjustments to the tariff posture while the Supreme Court heard a fast-tracked challenge to the legal basis for Trump’s global and China-related tariffs.

Updates since Busan meeting

  • Reciprocal tariff path “paused”: A White House release (as summarized in coverage) indicates suspending escalation to a 24% “reciprocal” rate until Nov. 10, 2026, keeping the base at 10%. [1]

  • China counter-steps (reported): One-year pause on new rare-earth controls, promised soybean purchases, and tighter actions on fentanyl precursors were described in post-meeting accounts. [2]

What remains in place

  • Core tariff architecture still in force: Outside the fentanyl-linked tranche and the “reciprocal” escalation pause, broader duties and controls remain, pending further notices or rulemaking. [3]

Supreme Court: where things stand

At oral argument, justices across the ideological spectrum pressed the administration on whether International Emergency Economic Powers Act (IEEPA) authorizes tariffs—several highlighting that the statute has “never before been used to justify tariffs,” and invoking the major-questions doctrine, which is the interpretive rule that courts require clear congressional authorization before the executive asserts power over issues of economic and political significance [4] [5]. Reportage identifies Chief Justice Roberts and Justices Barrett and Gorsuch among those asking skeptical questions, though potential paths remain for the government depending on how the Court frames emergencies, historic practice (e.g., Nixon-era measures), and foreign-affairs deference. The court has not decided on the matter yet [6][7].

[1] [2] [3] U.S. Revises Trump Tariff Terms as Supreme Court Challenges China trade Deal

https://coingape.com/u-s-revises-trump-tariff-terms-as-supreme-court-challenges-china-trade-deal/

[4] [6] What to know after the Supreme Court arguments over Trump’s tariffs

https://apnews.com/article/supreme-court-trump-tariffs-6de9d1a477ddd59b995e8b87edf86372

[5] [7] 5 takeaways from Trump’s tariffs at Supreme Court

https://thehill.com/regulation/court-battles/5591944-supreme-court-trump-tariffs-challenge/

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