The Supreme Court of the United States ruled that former President Donald Trump’s administration lost the legal basis for maintaining reciprocal tariffs, including the 35% tariff on goods from Serbia.
Within hours of the ruling, Trump responded by announcing that instead of “reciprocal” tariffs, he would impose a general (global) 10% import tariff under a trade provision known as Section 122.
While this significant reduction in tariff rates could bring relief to Serbian companies, the process of refunding payments made since August 2025 remains uncertain and legally complex.
How Serbia “earned” the 35% tariff
Trump implemented the reciprocal tariffs in April, finalizing them in late July 2025, citing that “conditions reflected in the large and persistent annual U.S. trade deficits in goods represent an unusual and extraordinary threat to the national security and economy of the United States.”
He stated that certain trading partners “failed to take adequate steps to sufficiently align with the United States on economic and national security matters,” resulting in high tariffs that affected Serbian exporters to the U.S.
Currently, Serbian exporters are also subject to a 50% tariff on aluminum, steel, and copper products, while new passenger vehicles, auto parts, and tires are exempt from reciprocal tariffs but remain subject to special 25% duties.
However, by a 6-3 majority, the Supreme Court concluded that the president improperly invoked the International Emergency Economic Powers Act (IEEPA).
Trump responded by introducing tariffs “through alternative measures,” initially announcing a general 10% import tariff, expected to take effect in three days.
For Serbia, this would initially reduce the tariff on Serbian goods entering the U.S. from 35% to 10%, with this rate remaining for 150 days, after which Congress must decide on the measure.
It may be premature to celebrate, however, as Trump also announced he would use other presidential trade authorities, including laws from 1930 and 1974, to impose different duties on specific sectors or countries, CNN reports.
The Supreme Court’s decision does not apply to import tariffs on aluminum, steel, and copper, which still burden Serbian exporters at a 50% rate.
A key issue remains whether U.S. importers can seek refunds for tariffs they were forced to pay on goods from countries including Serbia.
Serbia’s exports to the U.S. reached $750.4 million (74.8 billion dinars) in 2025.
Justice Brett Kavanaugh, in a separate opinion joined by Justices Clarence Thomas and Samuel Alito, warned that any refund process is likely to be “messy,” emphasizing that the majority of justices—including John Roberts, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson—did not address how the government should return collected funds.
Kavanaugh noted that “the United States could be required to return billions of dollars to importers who paid IEEPA tariffs,” even if some costs were already passed on to consumers.
He added that the ruling could “generate uncertainty regarding various trade agreements,” as these tariffs had supported trade deals worth billions of dollars.
Trump agreed with this assessment, noting that court proceedings for refunds could “take years.”
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Source: Nedeljnik, Foto: AP