TradeConstitutional LawEconomy
September 8, 2025Trump modifies reciprocal tariff scope in Sept. 5 executive order as court battle looms
Presidential tariff authority shrinks ahead of Supreme Court showdown
President Trump signed the executive order on Sept. 5, 2025; the tariff-scope modifications became effective Sept. 8, 2025.
The order establishes an Annex called 'Potential Tariff Adjustments for Aligned Partners' (PTAAP) that identifies product categories eligible for reduced Most-Favored-Nation tariffs upon concluded bilateral deals.
The D.C. Circuit issued a 7–4 ruling on Aug. 29, 2025 that the broad use of IEEPA to impose sweeping tariffs likely exceeded presidential authority, but the court left the tariffs in place pending appeal.
The White House cited $750 billion in projected EU energy purchases and $600 billion in projected EU investments as part of a U.S.-EU framework, but the European Commission characterized those numbers as commercial estimates, not binding commitments.
Tariff administration duties and any PTAAP implementation are delegated to agencies, including the Department of Commerce and USTR, which must negotiate and certify deals before tariff reductions apply.
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