Transcript
Michael Zesas (0:00)
Welcome to Thoughts on the Market. I'm Michael Zesas, Morgan Stanley's global head of fixed income research and public policy strategy.
Michael Gapen (0:07)
And I'm Michael Gapen, chief U.S. economist. Today, the latest on President Trump's tariffs. It's Thursday, May 29th, at 5:00pm in New York. So, Mike, on Wednesday night, the U.S. court of International Trade struck down President Trump's reciprocal tariffs. This ruling certainly seems like a fresh roadblock for the administration.
Michael Zesas (0:31)
Yeah, that's right. But a quick word of caution. That doesn't mean we're supposed to conclude that the recent tariff hikes are a thing of the past. I think investors need to be aware that there's many plausible paths to keeping these tariffs exactly where they are right now. First, while the administration is appealing this decision, the tariffs can stay in place. But even if courts ultimately rule against the Trump administration, there are other types of legal authorities that they can bring to bear to make sure that the tariff levels that are currently applied endure. So what the court said the administration had done improperly was levy tariffs under the International Emergency Economic Powers Act. And there's been active debate all along amongst legal scholars about if this was the right law to justify those tariff levies. And so there's always the possibility of court challenges. But what the administration could do if the courts continue to uphold the lower court's ruling is basically leverage other legal authorities to continue these tariffs. They could use Section 122 as a temporary authority to levy the 10% tariffs that were part of this kind of global tariff following the reciprocal trade announcement. They also could use the existing Section 301 authority that was used to create tariffs on China in 2018 and 2019 and extend that across all China imports, and therefore fill in the gap that would be lost by not being able to use the International Emergency Economic Powers act to tariff some of China's imports. So, bottom line, there's lots of different legal paths to keep tariffs where they are across the set of goods that they're already applied to.
Michael Gapen (2:23)
So I think that makes a lot of sense. And with all that said, where do you think we stand right now with tariffs?
Michael Zesas (2:29)
So if the court ruling were to stand, then the 10% tariffs on all imports that the US is currently levying, that would have to go away. The 30% tariffs on roughly half of China imports, that would have to go away, and the 25% tariffs on Canada and Mexico around fentanyl, that would have to go away as well. What you'd be left with, effectively, is anything levied under section 232 or 301. So that's basically steel, aluminum, automobile tariffs and tariffs on the roughly half of China imports that were started in 2018 and 2019. But as we said earlier, there's lots of different ways that the authority can be brought to bear to make sure that that 10% import tariff globally is continued, as well as the incremental tariffs on China. But Michael, turning to you on the US Economy, what's your reaction to the court's ruling? It seems like we're just going to have a continuation of existing tariff policy. But is there something else that investors need to consider here?
