Now a coalition of small businesses is pushing back, having filed an amicus complaint in the U.S. Court of International Trade. Their justification is that former President Donald Trump overstepped his bounds when he applied the tariffs. The plaintiffs, which include New York-based VOS Selections, Pennsylvania’s FishUSA, Utah’s Genova Pipe, Virginia’s MicroKits LLC, and Vermont’s Terry Precision Cycling, claim that Trump’s actions have significantly harmed their operations.
According to the lawsuit, Trump’s tariffs act as a minimum 10% surcharge on all imports from nearly every country in the world. These tariffs are devastating small businesses all over the country. The plaintiffs argue that the tariffs make it impossible for them to compete in the market and put their financial sustainability at risk. They claim that Trump’s emergency justification for the tariffs—pointing to trade deficits as an emergency—does not hold water.
VOS Selections is an importing and distribution company focused on the small-production wines, spirits & sakes of the world. FishUSA is a pure-play retail and wholesale e-commerce company focused on the manufacture and distribution of sportfishing tackle and related gear. Genova Pipe manufactures plastic pipes, conduit, and fittings used to transport water for plumbing, irrigation, drainage, as well as in electrical applications. MicroKits LLC is a small business dedicated to educational electronic microkits and innovative musical instruments. Lastly, Terry Precision Cycling is the name behind the first Vermont-based brand of women’s cycling apparel.
The lawsuit draws particular attention to the fact that Congress has the sole authority to levy tariffs. It goes on to make the case that Trump’s actions have illegally usurped that authority. The plaintiffs counter that his emergency claim is without merit. They argue that this action contradicts the central tenet of no taxation without representation.
“This Court should declare the President’s unprecedented power grab illegal, enjoin the operation of the executive actions that purport to impose these tariffs under the IEEPA [International Emergency Economic Powers Act] and reaffirm this country’s core founding principle: there shall be no taxation without representation,” – Statement from the coalition of small businesses.
Perhaps none would be as momentous to United States trade policy than this lawsuit. Perhaps more notably, it would tilt the balance of power away from the presidency and back to Congress in the unilateral imposition of tariffs. As the case unfolds, it will draw attention to how such decisions impact small businesses—a vital component of the American economy.
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