
A day after a federal court ruled against President Trump’s latest global tariffs, his administration returned to the drawing board on Friday, trying to preserve its powers to wage economic warfare in time for high-stakes trade talks with China.
联邦法院裁定否决了特朗普总统的最新全球关税政策,次日(即上周五),特朗普政府重新谋划方案,力图在与中国举行事关重大的贸易谈判之前,保留发动经济战的权力。
The latest legal blow concerned the 10 percent tariff that Mr. Trump imposed in late February on nearly all U.S. imports. The president unveiled that policy as a sort of temporary fix, after the Supreme Court tossed out his initial duties, but a panel of judges once again found that the White House had run afoul of the law.
此次最新法律打击涉及特朗普于2月底对几乎所有美国进口商品加征的10%关税。最高法院此前已驳回他的首批关税,总统随后推出该政策作为临时补救措施,但一个法官小组再次裁定白宫此举违法。
The result was a familiar set of headaches for Mr. Trump, who has tried repeatedly — and with mixed success — to stretch his authority to tax imports without the express permission of Congress. Yet the president seemed unfazed by his latest defeat, telling reporters he would pursue his tariffs “a different way,” before the administration took the first steps toward appealing the case.
这对特朗普而言是熟悉的窘境——他屡次试图在未获国会明确授权的情况下扩大对进口征税的权限,成效不一。但总统似乎对此次失利不以为意,对记者称将“换种方式”推行关税,随后其政府启动上诉程序。
Technically, the Court of International Trade only declared the president’s across-the-board, 10 percent tariff to be illegal. Otherwise, it did not issue an order forcing the government to stop collecting it from all importers, at least for now. Still, the outcome marked both a political and legal setback for Mr. Trump, who had spent much of the week issuing trade threats against Europe and preparing for talks in China.
严格来说,美国国际贸易法院仅裁定总统的全面10%关税非法,此外,至少在目前,法院尚未下达命令,强制政府停止向所有进口商征收该关税。尽管如此,这一结果对特朗普而言,仍是政治与法律的双重挫折,他上周大部分时间都在对欧洲发出贸易威胁,并为访华谈判做准备。
Tariffs are expected to be a major topic on the agenda when Mr. Trump travels to Beijing to meet next week with his counterpart, Xi Jinping. Trade experts said the court decision could undercut the president’s leverage. Eswar Prasad, a professor of economics at Cornell University, said the ruling “severely handicapped” the administration’s ability to employ tariffs against foreign nations, leaving Mr. Trump with a “much weaker bargaining hand” when it comes to China.
特朗普本周启程前往北京与中国国家主席习近平会晤时,关税预计将成为核心议题。贸易专家表示,法院裁决或将削弱总统的谈判筹码。康奈尔大学经济学教授埃斯瓦尔·普拉萨德称,该裁决“严重削弱”美国政府对他国动用关税的能力,使特朗普在对华谈判中“处于明显劣势”。
“Any threats by Trump to hit China with broader and higher tariffs if Xi doesn’t bend to his will on economic and geopolitical matters now seem like empty bluster rather than credible ultimatums,” he said.
“特朗普曾威胁,若习近平不在经济与地缘政治问题上屈从于他的意志,就对中国加征更广泛、更高的关税,如今这些威胁看起来像是虚张声势,而非可信的最后通牒,”他说。
One of the president’s top trade advisers, Jamieson Greer, appeared to brush aside some of those concerns on Friday. During an interview on Fox Business, he criticized the court for ruling against the White House, claiming that some of the judges on the panel were “apparently just hellbent on importing more from China.”
总统首席贸易顾问之一詹姆斯·格里尔上周五似乎对此类担忧不屑一顾。他在接受福克斯商业频道采访时批评法院作出不利于白宫的裁决,声称该合议庭部分法官“显然一心只想增加从中国进口”。
Mr. Greer, who defended the president’s use of trade powers, added that the administration is “confident on appeal we’ll be successful.” Shortly after his comments, the Justice Department filed a notice that it would appeal the matter in the U.S. Court of Appeals for the Federal Circuit.
格里尔为总统动用贸易权力的行为辩护,并称政府“有信心上诉成功”。 在他发表上述言论后不久,司法部便提交通知,表示将向美国联邦巡回上诉法院提起上诉。
At the heart of the matter is Mr. Trump’s decision to invoke a trade power that no president had ever used. Known as Section 122 of the Trade Act of 1974, it permits the president to impose tariffs up to 15 percent for 150 days, but only in response to strict conditions, including a “balance of payments” crisis.
问题核心在于特朗普援引了一项历任总统均未使用过的贸易权力——《1974年贸易法》第122条。该条款允许总统在150天内征收最高15%的关税,但仅限于满足严格条件的情况下,包括发生“国际收支”危机。
The term itself reflects a bygone concern from the time the law was adopted, when the U.S. dollar was pegged to gold, creating unique economic risks. But the Trump administration sought to argue that the law still applied today, pointing in part to the country’s persistent trade deficit, a different measurement, which reflects the gap between U.S. imports and exports.
该术语源自法案出台时的一个久远担忧——当时美元与黄金挂钩,从而产生了特殊经济风险。但特朗普政府主张该条款至今仍适用,部分理由是美国持续存在的贸易逆差,这一不同的衡量标准反映了美国进出口之间的差距。。
In the end, a majority of judges on the Court of International Trade found the argument unpersuasive and sided with small businesses and states that had sued. It was the second time that some of those challengers had prevailed against Mr. Trump, after they persuaded the Supreme Court to invalidate his earlier use of emergency powers to impose withering tariffs.
最终,国际贸易法院多数法官认为该主张缺乏说服力,并支持提起诉讼的小企业与各州。这是部分原告在与特朗普的对抗中第二次胜诉,此前他们曾说服最高法院宣布特朗普此前动用紧急权力实施重税的决定无效。
The new decision raised the odds that the administration could soon have to pay back the billions of dollars collected from its 10 percent tariff, on top of the $166 billion that the government already owes to U.S. importers from its last legal defeat. But the fight appeared far from over, and much remained uncertain by Friday — not just for American businesses, which paid the cost to import goods, but for the Trump administration itself.
新裁决意味着,政府除上次败诉已欠美国进口商1660亿美元外,可能很快还需退还征收10%关税所得的数十亿美元。但这场纷争远未结束,截至上周五,局势仍充满不确定性——不仅对承担进口成本的美国企业如此,对特朗普政府自身亦是如此。
“President Trump has lawfully used the tariff authorities granted to him by Congress to address our balance of payments crisis,” Kush Desai, a White House spokesman, said in a statement. “The Trump administration is reviewing legal options and maintains confidence in ultimately prevailing.”
白宫发言人库什·德赛在声明中表示:“特朗普总统合法行使国会授予的关税权力,以应对我国的国际收支危机。特朗普政府正评估法律方案,坚信最终将胜诉。”
For one thing, the court appeared to bar the collection of the president’s 10 percent tariff for only some of the plaintiffs that sued, many legal experts said. That raised the odds that droves of U.S. businesses could soon mobilize and “file a court case” of their own asking for similar relief, said Ted Murphy, a top trade lawyer at the law firm Sidley Austin. He added that he also expected the trade court to pause its order pending an appeal.
多位法律专家称,法院似乎仅禁止向部分起诉原告征收总统的10%关税。盛德律师事务所顶级贸易律师特德·墨菲表示,这意味着大批美国企业可能很快会动员起来,自行“提起诉讼”,寻求类似救济。他还预计,贸易法院或将在上诉期间暂停执行其裁决。
The timing is important to Mr. Trump, who had always envisioned his across-the-board tariff as a stopgap that would allow the government time to prepare a set of more lasting rates using another set of authorities, known as Section 301. But that process was widely expected to take months, since the law requires the government to conduct investigations into other countries’ trade practices before Mr. Trump can apply new duties.
时机对特朗普而言至关重要。他一直将全面关税视为一种权宜之计,以便政府争取时间,依据另一项名为“301条款”的贸易授权,制定一套更持久的关税税率。但但人们普遍预计该程序预计耗时数月,因为法律要求政府先对他国贸易行为展开调查,总统才能实施新关税。
Those inquiries targeting dozens of countries are well underway, and the president at times has suggested the final rates could be set at new highs. Some experts believe the tariffs imposed using Section 301 could be more legally durable, though the administration could still face lawsuits over his aggressive use of the law.
针对数十个国家的相关调查已在推进,总统有时暗示最终税率可能创下历史新高。部分专家认为,依据301条款加征的关税,法律效力可能更具持久性,尽管政府仍可能因激进使用该条款面临诉讼。
Michael Lowell, the chair of the global regulatory enforcement group at the law firm Reed Smith, said the White House probably would not have to worry about “a broad attack on that authority.” But, he said, the courts had recently drawn something of a line in the sand, suggesting they would be “very skeptical of the administration looking to the past and finding and repurposing” other powers to advance its trade agenda.
礼德师事务所全球监管执法团队主席迈克尔·洛厄尔表示,白宫或许无需担忧“该权限会遭到全面质疑”。但他称,法院近期已划定底线,表示将“高度质疑政府回溯历史、寻找并重新利用”其他权力,以便推进贸易议程的行为。
Unlike the president’s other trade gambits, his use of Section 301 to apply tariffs was successful in the past, including on China. That left some analysts to conclude that Mr. Trump, while blemished, would still retain some leverage ahead of his trip to Beijing next week.
与他的其他贸易策略不同,特朗普过往曾成功动用301条款加征关税,包括针对中国的关税。这让部分分析人士认为,特朗普虽遇挫折,但在本周访华前仍保有一定谈判筹码。
“Unless they have amnesia, China should remember quite vividly how during Trump’s first term, the U.S. imposed multiple rounds of tariffs under Section 301 on China during negotiations,” said Sara Schuman, a former U.S. trade official who is now managing director at Beacon Global Strategies.
前美国贸易官员、现灯塔全球战略董事总经理萨拉·舒曼表示:“除非他们失忆,否则中国应清楚记得,特朗普首届任期内,美国曾在谈判期间依据301条款对中国加征了多轮关税。”
The administration still has multiple options “to increase tariffs on China in pretty short order,” she added.
她还说,政府仍有多种选择,“能在相当短的时间里对中国加征关税”。
Mr. Trump’s trip to China had been scheduled for April, but was delayed because of the war in Iran. U.S. officials have said their goals for the visit include establishing a “board of trade,” which would oversee commerce between the countries in an effort to balance trade and reduce the U.S. trade deficit with China.
特朗普原定于4月访华,后因伊朗战争推迟。美方官员称,此行目标包括设立“贸易委员会”,负责监督两国商业往来,旨在平衡贸易、减少美国对华逆差。
On Friday, Mr. Greer sketched out a long list of concerns that the administration planned to raise with its Chinese counterparts, from its adherence to past purchase agreements to its approach to artificial intelligence.
周五,格里尔罗列了政府计划向中方提出的一系列关切,从中国是否遵守以往的采购协议,到中国对人工智能的处理方式。
“There’s not really a situation where we go, we get China to change the way they govern, the way they manage their economy; that’s all baked into their system,” he said. “But I think there is a world where we find out where we can optimize trade between China and the U.S. to achieve more balance.”
“实际上,我们很难指望去说服中国改变其治理方式或经济管理方式;这些都已深深植根于他们的体制之中,”他说。“但我认为,我们完全可以探索如何优化中美贸易,实现更加平衡的局面。”