Don’t buy that TACO just yet

TACO stands for “Trump Always Chickens Out” in trade negotiations. Financial Times journalist Robert Armstrong coined the term “TACO trade” as a colourful way of characterizing the Trump Put. When questioned by a reporter, Trump turned livid when he learned what TACO stood for.

 

It is in that context when, later in the day, the three-judge panel of the U.S. Court of International Trade unanimously ruled against the Trump Administration in VOS Selections v U.S. and struck down a whole range of tariffs by citing a lack of authority. The most equity bullish outcome would have been Trump taking this legal exit ramp to retreat from his trade war. Instead, he doubled down with the following social media message, possibly egged on by the TACO question. What was even more disturbing was the inclusion of Pepe the frog (my highlight), which was an image appropriated by White supremacists during the 2016 election.

 

 

 

The Court Ruling

The U.S. Court of International Trade ruled that the Trump Administration didn’t have the authority under the International Emergency Economic Powers Act of 1977 (IEEPA) to impose the sweeping tariffs which caused such turmoil in the global trade and financial markets: “The court does not read IEEPA to confer such unbounded authority and sets aside the challenged tariffs imposed thereunder.”

 

It further found that it would be unconstitutional for Congress to cede “unbounded tariff power” to the President: “An unlimited delegation of tariff authority would constitute an improper abdication of legislative power to another branch of government”, as Congress specified in IEEPA when and how a President could use such authority. IEEPA authority is designed to “deal with unusual and extraordinary threats”. Fentanyl smuggling and trade deficits don’t meet these definitions.

 

In effect, the court unwound the tariffs levied by Trump on Canada, Mexico and China on fentanyl smuggling, and the “Liberation Day” tariffs exacted by the Trump Administration. By implication, it creates an air of uncertainty over the numerous trade negotiations that the U.S. has undergone or is undergoing with trading partners, such as China, the European Union the U.K., and so on.

 

The Trump Administration has said that it will appeal the decision. The accompanying chart summarizes the effects of the court decision. Section 204 tariffs on imports from China levied announced in the 2017–2024 period stay in place, as well as the sectoral tariffs on aluminum, steel and autos.

 

 

 

What’s Next?

What comes next? The path forward depends on a variety of variables.