U.S. President Donald Trump said he would sign a new order using alternative legal authority to reinstate tariffs after the Supreme Court struck down most of his previous measures.Speaking after the ruling, Trump said he would rely on a series of trade powers known as “Section 122” to impose 10% tariffs across the globe. He also said the government would use another provision, Section 301, to launch an investigation into what it calls unfair trade practices, a process that could result in additional tariffs.“All national security tariffs under Section 232 and all existing Section 301 tariffs are effective immediately and remain in full effect. I will sign an order imposing a global tariff of 10% on top of our normal tariffs under Section 122. “The Supreme Court’s ruling on Trump’s tariffs has created uncertainty for existing trade deals with countries including China, Canada and the United Kingdom. When these countries reassess their positions in light of the court’s ruling, it could lead to renegotiations or challenges. This could disrupt ongoing trade negotiations and affect international relations, as countries may reconsider their strategies for dealing with the United States.
Section 122 of the Trade Act of 1974 allows the president to impose tariffs of up to 15 percent to address what the statute describes as a “large and serious” balance of payments deficit, that is, a problem associated with a trade deficit. However, any tariffs introduced under that authority can only remain in place for 150 days, unless Congress votes to extend them.At least in the short term, the move is not much different from the 10% global tariff base Trump has previously imposed, or the 15% tariffs he has secured in trade deals with other countries over the past year.
Section 232 originates from the Trade Expansion Act of 1962. It allows for the imposition of tariffs or quotas on imported products that threaten national security. In 2018, Trump invoked Section 232 to impose a 25% tariff on steel and a 10% tariff on aluminum. This affects Canada, Mexico, the European Union and other countries. Tariffs under Section 232 remain in effect after the Supreme Court ruling because they are independent of emergency powers.
Section 301 is part of the Trade Act 1974. It allows for the imposition of tariffs for unfair foreign trade practices. These include theft of intellectual property, forced technology transfer or discriminatory measures. Trump imposed Section 301 tariffs on China, imposing a 25% tariff on hundreds of billions of goods. The goal is to combat anti-competitive behavior.
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