Trump Tries to Reinvent His Illegal Tariffs with New Import Taxes

When the Supreme Court ruled in February that President Trump had overstepped his authority by using the 1977 International Emergency Economic Powers Act (IEEPA) to impose broad tariffs, it was a rare legal rebuke of his aggressive trade tactics. The court found that Trump’s use of emergency powers to slap double-digit taxes on imports from nearly every country was unlawful. This decision forced the administration to refund billions collected and dismantle a key pillar of its protectionist agenda.

But Trump and his team are not backing down. Within days, they slapped on temporary tariffs under Section 122 of the Trade Act of 1974, which allows up to 15% global tariffs for 150 days. These stopgap levies, currently set at 10%, will expire by late July. To replace them, the administration has launched fast-tracked investigations under Section 301 of the same trade law—an approach previously used to justify tariffs on China’s unfair trade practices.

The new probes target dozens of countries, including major U.S. trading partners like China, the European Union, and Japan. One investigation focuses on whether these economies are complicit in forced labor, while another examines alleged overproduction harming U.S. manufacturers. Both could lead to fresh tariffs with no explicit caps on rates, potentially replicating the economic harm of the disallowed IEEPA tariffs.

Critics see this as a transparent attempt to circumvent the Supreme Court’s ruling. Trump’s own Treasury secretary and the president have openly declared the goal is to restore lost tariff revenue, signaling a predetermined outcome. Importers and trade experts warn the rapid pace and predetermined narrative undermine the fairness of the investigations.

Economists and consumer advocates also warn that these tariffs will exacerbate inflation and harm American families already squeezed by high prices. Congress appears reluctant to extend the temporary levies amid growing public frustration ahead of midterm elections, but the administration’s push for Section 301 tariffs could lock in protectionist taxes for years.

This latest maneuver underscores the Trump administration’s relentless pursuit of trade policies that prioritize political theater and revenue generation over economic stability and legal limits. Courts may face new challenges, but for now, American consumers are once again caught in the crossfire of tariffs masquerading as lawful trade remedies.