Bloomberg News on Aug. 31 quoted Wendy Cutler, a senior former diplomat and U.S. Trade Representative, that some of the Trump Administration’s tariff “deals” may go off the rails due to the Federal Circuit Court of Appeals affirming the United States Trade Court’s May ruling that Trump’s “reciprocal tariffs” are illegal, Congress having exclusive tax power under the Constitution. “EU efforts to secure domestic approval of its deal may be called into question, while Japan and Korea, who apparently have made oral deals with little in writing, may choose to slow-walk current efforts until there is more U.S. legal clarity, while still pressing for lower auto tariffs.” As for India and Brazil, she posted on X that “they must be rejoicing,” and China “must be weighing its stance in making concessions in ongoing talks.”
Cutler is currently senior vice-president of the Asia Society Policy Institute in Washington.