The China Trade Deal, Supreme Court Showdown, and Tariff Fallout
- Schulz Trade Law
- Nov 4
- 2 min read
The China Trade Deal, Supreme Court Showdown, and Tariff Fallout
Michelle Schulz Explains What’s Next on WBAP
Trade attorney Michelle Schulz breaks down the “partial” U.S.–China deal, who’s being hit hardest by tariffs, and what the upcoming Supreme Court decision could mean for importers and consumers alike.
The Real-World Impact of Tariffs
Discussing President Trump’s new “partial” China trade deal, Michelle Schulz, founder of Schulz Trade Law, explained that while the administration touts progress, the effects on American businesses remain severe.
“I represent large companies, importers, and also small and medium-sized importers,” she said. “What I’m seeing is that companies of all sizes are impacted down to the individual. Business owners have contacted me saying, ‘My business is no longer sustainable because the tariffs on my goods are too high, and my customers won’t pay that.’”
Schulz noted that some sectors—especially apparel, accessories, and small consumer goods—are struggling most.
“We’ve got companies importing things like clothes and jewelry and shoes that just can’t make it under the current environment.”
The Supreme Court
and the Limits of Presidential Power
The interview also previewed the Supreme Court hearing scheduled for November 5, where justices will decide whether the President has legal authority to impose “reciprocal tariffs” under the International Emergency Economic Powers Act (IEEPA). Schulz explained:
“The question is—Is this an emergency, or is this just for leverage? In my mind, the law is clear. An emergency would have to be more imminent harm rather than overall leverage in a multi-year trade war.”
If the Court rules against the administration, Schulz said importers could be eligible for refunds on tariffs deemed unlawful.
“Importers would have to go to customs and request refunds on anything that was ruled illegal,” she said. “It’s great for importers, but I wouldn’t expect it to happen quickly.”
Even with a ruling against the President, Schulz noted that tariffs on steel, aluminum, and other materials would remain—since those were enacted under different laws tied to national security.
The Long Game:
China, the WTO, and the Future of Trade
Looking beyond the immediate legal battles, Schulz explained that China’s long-term strategy remains focused and ambitious. “It’s only a partial deal,” she said.
“Keep in mind, China’s looking long term—they’re hoping to integrate military and commercial products and have a world-class military by 2049.”
Even if the Supreme Court strikes down some tariffs, Schulz expects the administration to continue pursuing alternative legal paths.
“If it’s not an emergency, Trump has already initiated investigations for unfair trade practices and national security under Sections 301 and 232,” she explained. “They’re kind of a ‘Plan B.’”
As for global recourse, Schulz noted that China could take the matter to the World Trade Organization, but is unlikely to prevail.
“They could, but I don’t think they would fare well,” she said. “China has a reputation for not following WTO rules.”
From shifting tariffs to court challenges, the trade landscape is changing daily.
If your company imports goods from China or other affected countries, contact Schulz Trade Law today to assess your tariff exposure, explore refund opportunities, and develop compliance strategies for the next phase of global trade policy.
Trade on, but trade informed!
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