Skip to main content

September 8, 2025

Trump modifies reciprocal tariff scope in Sept. 5 executive order as court battle looms

Tax Foundation
The White House
globalsanctions.com
The White House
The White House

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.

📜Constitutional Law💰Economy📈Trade

People, bills, and sources

What you can do

1

civic action

Call the Supreme Court clerk's office to request expedited consideration

The Supreme Court has taken the tariff case onto its docket for November review. Contact the clerk's office to register requests for expedited briefing. Cite the D.C. Circuit's Aug. 29, 2025 opinion when requesting urgency.

publicinfo@
2

civic action

Ask Congress to clarify presidential trade authority

Urge members to introduce or support legislation that defines the limits of IEEPA and restores tariff-setting authority to Congress where appropriate.

3

transparency|practicing

Demand Treasury transparency on PTAAP criteria

Request that Treasury and Commerce publish the criteria and decision timeline they will use to grant any preferential tariffs under PTAAP.