最高法院驳回针对特朗普第一任期对华关税的挑战
Supreme Court Rejects Challenge To Trump's First-Term Tariff On China

原始链接: https://www.zerohedge.com/political/supreme-court-rejects-challenge-trumps-first-term-tariff-china

美国最高法院已拒绝审理 HMTX Industries 及其他企业就唐纳德·特朗普首个总统任期内对中国进口商品加征关税所提出的上诉。该决定维持了 2018 年实施的关税政策,这些关税最初是根据 1974 年《贸易法》第 301 条款制定的,旨在应对中国在技术和知识产权方面的不公平贸易行为。 原告方曾辩称,美国贸易代表办公室(USTR)缺乏利用“修改”条款发动无限制贸易战的法律授权。相反,政府方面则坚持认为,只要修改旨在解决相同的潜在贸易问题,美国贸易代表办公室的行为就在其法律权限之内。最高法院未就拒绝受理此案作出任何解释。 与此同时,政府仍在探索贸易政策方面的法律策略。虽然最高法院此前曾推翻了根据《国际紧急经济权力法》单独实施的关税,但美国贸易代表办公室已发出信号,计划就工业产能、强迫劳动和数字贸易实践等问题,对多个全球贸易伙伴发起新的 301 条款调查。

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原文

Authored by Aldgra Fredly via The Epoch Times,

The U.S. Supreme Court on June 15 declined to hear a legal challenge to tariffs imposed on Chinese imports by U.S. President Donald Trump during his first term in 2018.

The decision follows an appeal by HMTX Industries and other businesses after the U.S. Court of Appeals for the Federal Circuit last year upheld the tariffs, which Trump previously imposed on Chinese goods under Section 301 of the Trade Act of 1974 in response to China’s unfair trade practices related to technology transfer, intellectual property, and innovation.

The plaintiffs petitioned the Supreme Court to review the ruling, but the high court denied the request on June 15, keeping the tariffs in place. The justices did not provide any explanation for the decision.

According to a Feb. 20 petition filed by the importers, the first Trump administration imposed an initial round of tariffs on $50 billion worth of Chinese imports under Section 301 of the Trade Act.

The administration later expanded the tariffs in response to China’s retaliatory tariff measures by invoking Section 307 of the Trade Act, which allows the president to modify existing tariffs to address unfair trade practices.

“But Congress nowhere gave USTR [Office of the United States Trade Representative] the vast power to engage in an open-ended trade war under that modest modification provision. Yet that is precisely what happened here,” the importers said.

“That USTR’s ‘modification’ continues to impose billions of dollars in taxes on the American public each month is enough to warrant this court’s review.”

In a May filing, the administration argued that the case did not merit Supreme Court review and said the law allows the USTR to modify tariffs as long as the changes “are not radically transformative.”

“Accordingly, modifications imposed under Section 307(a) necessarily comport with the Act’s scheme because they are limited to actions appropriate to address the same problem that the original Section 301 actions addressed, as that problem has evolved over time,” it stated.

After taking office for a second term last year, Trump invoked the International Emergency Economic Powers Act (IEEPA) to impose tariffs on trading partners, citing the need to regulate international transactions to respond to an “unusual and extraordinary threat” to national security.

The Supreme Court struck down the tariffs in February, ruling that the IEEPA does not clearly authorize the president to impose tariffs.

The Trump administration has been looking at alternative legal avenues following the Supreme Court ruling.

USTR Jamieson Greer said on Feb. 20 that his office would launch new Section 301 investigations covering most major trading partners.

The new trade investigations will cover various areas, including industrial excess capacity, forced labor, pharmaceutical pricing practices, discrimination against U.S. technology companies and digital goods and services, digital services taxes, and ocean pollution.

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