CONTENTS
- 1. Tariff Litigation | Trump's Tariff Policy Returns to Court

- - A 'Substitute Tariff' Introduced After the Loss at the Supreme Court
- 2. Tariff Litigation | The Key Issue Is the Interpretation of 'Balance of Payments'

- 3. Tariff Litigation | The Tariff Exemption Provisions Are Another Source of Dispute

- - The 150-Day Tariff Deadline That Matters to Businesses
- 4. Tariff Litigation | Global Companies Need to Respond to Tariff Risk

- - Daeryun Launches a 'Korea-U.S. Joint Task Force for U.S. Tariff Refunds'
1. Tariff Litigation | Trump's Tariff Policy Returns to Court

As large-scale tariff litigation has recently been filed over the United States' new tariff policy, uncertainty in the global trade environment is expanding once again.
In March 2026, 24 states, including state governments affiliated with the U.S. Democratic Party and civic groups, filed suit with the federal Court of International Trade, seeking to invalidate the 10% import tariff policy introduced by President Donald Trump.
This lawsuit is drawing attention because it is expanding beyond a trade policy debate into a constitutional dispute over the scope of the President's authority to impose tariffs and its legal basis.
For companies that participate in global supply chains in particular, the situation is assessed as one in which tariff litigation risk is expanding alongside the change in tariff policy.
A 'Substitute Tariff' Introduced After the Loss at the Supreme Court
The background to this tariff litigation lies in a case in which the Trump administration's prior tariff policy was ruled unlawful.
Earlier, the U.S. Supreme Court determined that the President lacked the authority to impose tariffs with respect to the large-scale tariff policy that the Trump administration had imposed on the basis of the International Emergency Economic Powers Act (IEEPA).
After this ruling, the Trump administration reintroduced its tariff policy using Section 122 of the Trade Act of 1974 as a new legal basis.
This provision allows the President to take import restriction measures for a certain period in the following circumstances.
On this basis, the Trump administration imposed a 10% import tariff on most of its trading partners, and it has indicated the possibility of raising the rate to as much as 15% in the future.
Whether such measures conform to the purpose of the statute, however, has emerged as the key issue in the new tariff litigation.
2. Tariff Litigation | The Key Issue Is the Interpretation of 'Balance of Payments'
The most important legal issue in this tariff litigation is the interpretation of the concept of 'balance of payments.'
The state governments that filed the suit argue as follows.
Accordingly, they argue that the President's imposition of tariffs on the basis of a trade deficit reflects a misinterpretation of the statute.
Some legal experts, on the other hand, take the view that because the statute does not clearly define the concept of balance of payments, a certain degree of discretion may be recognized for the President's policy judgment.
Ultimately, how much the court will defer to the President's tariff policy judgment, and whether a trade deficit can be regarded as a balance of payments problem, are expected to be the key standards for the determination in this tariff litigation.
3. Tariff Litigation | The Tariff Exemption Provisions Are Another Source of Dispute
This tariff policy includes an 88-page list of exempt items, giving rise to yet another legal dispute.
The executive order includes the following exemption provisions.
- Certain imports from Mexico and Canada
- Automobiles
- Food
- Pharmaceuticals, among others
The party that filed the suit, however, argues that these exemption provisions are contrary to the purpose of the statute, on the ground that the statute provides for tariffs to be applied broadly and uniformly.
As a result, this case may expand into tariff litigation in which not only whether tariffs are imposed but also the manner in which the tariff policy is designed and the lawfulness of the exemption clauses are determined together.
The 150-Day Tariff Deadline That Matters to Businesses
An important variable is that, under the statute, these tariff measures may be maintained for a maximum of 150 days.
The Court of International Trade, which is currently hearing the case, is scheduled to hold a hearing on April 10, 2026, on whether to issue a preliminary injunction.
However, if the subsequent proceedings continue through an appeal and a determination by the federal Supreme Court, it is suggested that more than a year may be required to reach a final conclusion.
Experts also take the view that, even after the tariffs expire, the Trump administration may reintroduce tariffs by again invoking the same provision.
In that case, it is difficult to rule out the possibility that tariff litigation will recur in the global trade environment.
4. Tariff Litigation | Global Companies Need to Respond to Tariff Risk

In the recent international trade environment, legal disputes related to tariffs are increasing rapidly along with policy changes.
A response through tariff litigation or administrative appeal may be necessary in the following situations in particular.
- Issues in interpreting the statutes that serve as the basis for tariff imposition
- Disputes over whether tariff exemptions apply
- Responses to import regulations and trade measures
- Disputes relating to anti-dumping and countervailing duties
- Responses to international trade regulations
At Daeryun Law Firm LLP, attorneys handling customs matters and international trade matters work together with customs experts holding licensed customs broker qualifications to provide services such as appeal procedures against tariff imposition dispositions, responses to tariff litigation, and advisory services on international trade regulations.
Where a change in tariff policy gives rise to import or export costs or trade risks for a company, it is important to review a legal response strategy at an early stage.
Daeryun Launches a 'Korea-U.S. Joint Task Force for U.S. Tariff Refunds'
Daeryun Law Firm LLP has launched a 'Korea-U.S. Joint Task Force for U.S. Tariff Refunds' to support the remedy of rights for domestic export companies.
The task force has a system in place that provides integrated support for the entire process, from Post Summary Corrections (PSC) and post-reconciliation objections aligned with the settlement schedule of U.S. Customs and Border Protection (CBP) through to responses in tariff litigation before the Court of International Trade (CIT).
In addition, through cooperation with SJKP, a partner law firm in the United States, it has established a joint Korea-U.S. response structure and provides global one-stop legal services extending from preliminary administrative procedures to litigation before the Court of International Trade.
Through this, it supports domestic export companies in conducting litigation directly without an intermediary law firm, and it also reviews regulatory risks that may arise during the tariff refund process.
If you wish to exercise your lawful right to a refund within the complex U.S. tariff administrative procedures through Daeryun's Korea-U.S. Joint Task Force for Tariff Refunds, we recommend that you proceed with a 🔗consultation booking with a customs attorney.
See More











