Five things Canadians should know about the U.S. Supreme Court tariff ruling


OTTAWA — The U.S. Supreme Court struck down a set of President Donald Trump’s tariffs in a landmark ruling Friday — but that decision didn’t affect all duties on Canadian goods entering the United States.

Trump on Friday signed an executive order imposing a 10 per cent global tariff — and lashed out at Supreme Court justices hours after America’s top court struck down his use of an emergency legal tool to realign global trade.

Here’s what you need to know about the ruling and the fallout for Canada.

IEEPA tariffs are over, but impact on Canada is minimal

In a 6-3 ruling on Friday, the U.S. Supreme Court said tariffs imposed under the International Emergency Economic Powers Act, or IEEPA, were illegal.

Trump had justified using the tool for the so-called “reciprocal tariffs” he levied against countries around the world in April, as well as the earlier fentanyl-related tariffs on Canada, Mexico and China.

Those tariffs previously stood at 35 per cent on Canada, but most U.S. businesses were not paying those rates on imported Canadian goods in practice.

Exports compliant with the Canada-U.S.-Mexico agreement on trade, or CUSMA, were deemed exempt from the IEEPA tariffs and have thus far been able to cross the border duty-free.

“Most Canadian exporters won’t see a difference at all,” said William Pellerin, a partner in international trade at McMillan LLP.

In a press conference Friday afternoon following the Supreme Court decision, Trump announced he would impose global tariffs of 10 per cent under Section 122 of the 1974 Trade Act. Tariffs imposed this way can last only for 150 days unless Congress agrees to extend them.

In a fact sheet Friday evening, the White House said the CUSMA exemption would remain under the new global tariff, meaning most Canadian goods would not be hit.

Section 232 tariffs on steel, autos remain

Other tariffs imposed under a separate authority are unaffected by the Supreme Court’s IEEPA ruling.

U.S. tariffs targeting Canadian goods such as steel, aluminum, copper, autos and lumber under Section 232 of the Trade Act remain active as of Friday.

Industries that rely on the free passage of those goods across the Canada-U.S. border have been particularly exposed in the trade war over the past year.

Striking a deal to end those steep tariffs — as high as 50 per cent on key industries like steel and aluminum — has been a focus of Canada’s negotiating efforts with the United States.

Some Canadian businesses could get refunds

The Supreme Court ruling could open the door to affected businesses applying for refunds for tariffs paid to the U.S. government.



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