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 is debating the legality of Trump's IEEPA reciprocal tariffs, with a majority of justices (6 out of 9) leaning towards declaring them illegal, citing that tariff authority belongs to Congress and that the IEEPA was intended to limit presidential power rather than expand it [1][6][34] - Three potential outcomes of the Supreme Court's ruling are anticipated: a high probability of declaring the tariffs illegal but possibly delaying the ruling's effect to allow the government time to adjust; a moderate probability of declaring some tariffs illegal while allowing others, such as those on fentanyl; and a low probability of upholding the legality of the tariffs [11][12][34] - If the reciprocal tariffs are deemed illegal, the overall tariff structure in the U.S. may decline significantly, with a potential 25% reduction in tariff revenue, impacting the trade policy landscape [3][19][29] Group 2 - In response to a potential ruling against the reciprocal tariffs, Trump may resort to existing tariff laws such as Sections 232, 301, and 338, with a short-term reliance on Section 122 for global tariffs [2][35] - The likelihood of comprehensive tariff refunds is low, with targeted refunds being more feasible, as legal principles dictate that remedies must align with the harm suffered by the plaintiffs [18][35] - The current tariff revenue structure shows that reciprocal tariffs account for 45% of total tariff income, with significant contributions from Section 301 and Section 232 tariffs, indicating a complex interplay of tariffs that may be affected by the court's decision [3][19][27] Group 3 - The U.S. effective tariff rate stands at 9.75%, with the highest rates applied to Chinese imports at 40.4%, indicating a significant reliance on tariffs for revenue generation [27][19] - If the reciprocal tariffs are invalidated, the U.S. may struggle to maintain similar levels of tariff revenue, with projections suggesting a drop to approximately $2.554 trillion in annual tariff income [29][31] - The ongoing investigations into Section 232 tariffs cover an import scale of $544.4 billion, with reports expected in the coming months, which could influence future tariff strategies [2][17][35]