Judicial setback to Trump's 10% universal tariff: what impact does this have on Spanish companies exporting to the US?

Uncertainty in Transatlantic Trade

The U.S. Court of International Trade has declared the 10% universal tariff imposed by the Trump administration illegal. The ruling opens a period of extreme legal uncertainty for Spanish exporters, who face a complex scenario regarding the application and possible retroactive effect of the tariffs.

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El International Trade Court of EE.UU. (ITC) has ruled against the universal tariff of 10% promoted by the president Donald Trump, according to original information from Investing.comThis decision, dated May 10, 2026, creates a new scenario of legal risk and uncertainty for Spanish companies with operations in the US market.

The measure, known as Section 122, has been one of the current administration's most controversial protectionist tools, affecting all imports regardless of origin or sector. The ruling of CIT It questions the legal basis used by the White House to impose a tariff of this magnitude across the board, which could set a significant precedent.

A blow to the Trump Administration's protectionist policies

The ruling by the specialized trade court puts a brake on the protectionist agenda that has characterized the president's term. Donald TrumpUnlike previous tariffs that focused on specific sectors such as steel or aluminum, the 10% tariff under Section 122 was universal in nature, directly impacting the entire trade balance of its partners, including España.

Experts in international commercial law consulted by Empresa Exterior They warn that, while the decision is a setback for the administration, "This is not the end of the process."The Government is expected to EE.UU. They will appeal the ruling, which will prolong the legal uncertainty. "Spanish companies must prepare for a period of litigation and regulatory volatility that will affect cost planning and pricing strategy," they point out.

Direct impact on the Spanish exporter: a scenario of uncertainty

For Spanish businesses, the consequences of this decision are immediate and complex. The main question is what will happen to tariffs already paid and those currently in transit. The lack of clarity regarding whether the cancellation will be retroactive forces companies to be extremely cautious.

The implications extend to several areas:

• Financial planning: Uncertainty about the continuation of the tariff or the possible return of the amounts paid makes it difficult to prepare budgets and set retail prices in the US market.
• Logistics and customs management: Logistics operators and customs agents are facing a regulatory limbo. The decision could cause delays in shipments while the procedure to follow is clarified.
• Legal advice: It becomes essential to have specialized legal advice in EE.UU. to assess risks, study potential claims and adapt commercial contracts to this new scenario.

Analysis of the Tariff Scenario after the Ruling

Key Aspect	Actual state	Implications for Spanish Companies
10% Tariff (Section 122)	Declared illegal by the International Trade Court (ITC).	It questions the validity of payments already made and future payments.
Judicial Decision	It is not final. An appeal from the Government is expected. EE.UU.	It maintains legal uncertainty in the short and medium term.
Next steps	Appeal period and possible litigation in higher instances.	Need to monitor the case and seek legal advice.
Main Risk	Legal uncertainty and volatility in export costs.	Difficulty in strategic and financial planning in the US market.

Key points and frequently asked questions about the ruling against US tariffs.

Does this ruling mean that the 10% tariffs are immediately cancelled?

Not necessarily. The decision of CIT may be appealed by the Administration TrumpUntil the ruling is final or a specific court order is issued, the tariff situation could remain in limbo. Exporters should consult with their customs brokers for real-time updates on the enforcement status.

My company has paid these fees, will I be able to request a refund?

The possibility of a refund will depend on whether the final decision is retroactive. This is one of the key points that will be clarified in the following stages of the legal process. It is essential that companies maintain a detailed record of all fees paid under this section in order to substantiate any potential future claim.

How does this instability affect medium-term export planning?

Instability is forcing companies to be more conservative in their cost projections and to consider price revision clauses in their contracts with distributors. EE.UU. Strategically, it reinforces the need to diversify markets to mitigate dependence on a single destination with such a volatile regulatory framework.