"Yes, of course, there are dealings with foreign powers, but the vehicle is imposition of taxes on Americans, and that has always been the core power of Congress. So to have the president's foreign affairs power trump that basic power for Congressit seems to me to at least neutralize between the two powers, the executive power and the legislative power, Roberts said to Sauer, who replied: Let me say two things in response to that."
"Typically, regardless of who the importer of record is, there'd be a contract that would go along the line of transfer that would allocate the tariff. And there'd be differentsometimes the foreign producer would pay them, sometimes the importers would bear the cost. The importer could be an American, could be a foreign company. A lot of times, it's a wholly owned American subsidiary of a foreign corporation. So it gets allocated."
Chief Justice John Roberts questioned whether tariffs imposed under the International Emergency Economic Powers Act (IEEPA) function as taxes and emphasized Congress's core taxation power. Solicitor General John Sauer defended the tariffs by arguing that empirical record shows tariff incidence is mixed between foreign producers and importers, with estimates ranging from about 30% to 80% borne by makers. Sauer noted importers can be American or foreign entities, including wholly owned American subsidiaries of foreign corporations. The case raises whether presidential foreign-affairs authority under IEEPA can override or neutralize Congress's exclusive power to impose taxes.
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