热点思考 | 如果“对等关税”被判违法？——美国最高法关税辩论分析（申万宏观·赵伟团队）

Group 1 - The U.S. Supreme Court held oral arguments on November 5 regarding Trump's IEEPA reciprocal tariffs, with a majority of justices (6 out of 9) leaning towards declaring the tariffs illegal, raising concerns about the future of U.S. trade policy and capital markets [1][6][34] - The likelihood of the reciprocal tariffs being ruled illegal has increased, with potential outcomes including a ruling of illegality with delayed implementation to allow for government adjustment, partial illegality focusing on specific tariffs like those on fentanyl, or a ruling upholding the legality of the tariffs [6][11][12] Group 2 - If the reciprocal tariffs are deemed illegal, Trump may resort to existing tariff laws such as Sections 232, 301, and 338, with a low probability of widespread tax refunds and a higher chance of targeted refunds [2][35] - The current tariff structure shows that reciprocal tariffs account for 45% of U.S. tariff revenue, with projections indicating a potential 25% decrease in tariff revenue if the reciprocal tariffs are invalidated [3][19][29] Group 3 - The U.S. effective tariff rate stands at 9.75%, with the highest rates applied to Chinese imports at 40.4%, and if the reciprocal tariffs are ruled illegal, the overall tariff levels may not reach previous heights, potentially dropping to 7.3% [27][29][36] - The anticipated tariff revenue for the fiscal year 2025 is approximately $195.9 billion, with significant contributions from various tariff categories, including $89 billion from reciprocal tariffs and $35.1 billion from Section 301 tariffs [19][31]