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Ignore The Tariff Court Challenge: Here's The Obscure "Nuclear Option" Hidden In The Big, Beautiful Bill

The US Court of International Trade has ordered the Trump administration to suspend tariffs imposed under IEEPA authority. How this ruling is ultimately settled remains to be seen - according to both Goldman and the White House it will have little impact - but either way there is plenty of executive authority for a tariff agenda to be enacted via other tools

Which is why what Deutsche Bank's policy team are most focused on is not this court ruling - which inevitably could delay trade negotiations even more – but something else: Section 899 of the "Big Beautiful Bill" that is currently making its way through the US Senate.

There remains a lot of uncertainty on the exact applicability of this new legislation, but overall our interpretation is that if it is voted through, it effectively introduces the most wide-ranging adverse changes to the tax treatment on foreign capital in the US since the Deficit Reduction Act of 1984 and the Foreign Investors Tax Act of 1966.

via May 29th 2025