Appeals Court Allows U.S. Government to Keep Collecting 10% Tariffs Pending Final Ruling

Summary

A federal appeals court ruled that the U.S. government may continue collecting the 10% global tariffs while litigation challenging their underlying authority proceeds, extending a period of policy uncertainty for importers. The decision preserves a key revenue stream but keeps the Section 122 framework vulnerable to a future Supreme Court review, similar to the IEEPA ruling earlier in 2026. Importers and brokers are maintaining dual compliance systems, tracking both the existing 10% global rate and the proposed Section 301 replacement structure. Customs brokers report increased requests for transactional tariff engineering, including first-sale valuation and FTA preference qualification reviews.