US Unveils New Tariff Plan After Supreme Court Strikes Down Trump-Era Duties

Following a US Supreme Court ruling that declared tariffs imposed under the Trump administration's IEEPA authority illegal, US Trade Representative Jamieson Greer has outlined the government's alternative path. The administration will immediately impose a temporary 10% surcharge on most imports for 150 days under the Trade Act of 1974. Concurrently, it will initiate accelerated Section 301 investigations into unfair trading practices by major partners, covering issues from forced labor to digital taxes. Greer affirmed the administration's commitment to continuing President Trump's trade policy, stating that existing tariffs on China and other sectors imposed under different statutes will remain in full force.

Key Points: US Lays Out New Tariff Routes After Supreme Court Ruling

  • 10% temporary import surcharge for 150 days
  • New Section 301 investigations on major partners
  • Existing China tariffs remain 7.5% to 100%
  • Supreme Court ruled Trump's IEEPA tariffs illegal
3 min read

After Supreme Court ruling, US Trade Representative lays out alternate routes to impose tariffs

US Trade Representative outlines temporary tariffs and new investigations after Supreme Court invalidates Trump-era tariffs under IEEPA.

"ensure continuity in reaching these goals and as part of our negotiated agreements - Jamieson Greer"

Washington DC, February 21

Faced with US Supreme Court order that tariffs imposed by Trump administration under the IEEPA were illegal, US Trade Representative Jamieson Greer outlined a set of options his government will take to "ensure continuity in reaching these goals and as part of our negotiated agreements with numerous trading partners."

In a statement, Greer said the administration will immediately impose a temporary 10 per cent surcharge on goods imported into the US, pursuant to Section 122 of the Trade Act of 1974. The 10 per cent tariffs will remain in place for 150 days, and an extension may need Congress' nod. The temporary import duty will take effect February 24 at 12:01 a.m. eastern standard time. However, some essential goods will not be subject to the temporary import duty.

Besides, the US administration will, according to Greer, initiate several investigations under Section 301 of the Trade Act of 1974 ("Section 301") to deal with "unjustifiable, unreasonable, discriminatory, and burdensome acts, policies, and practices by many trading partners. We expect these investigations to cover most major trading partners and to address areas of concern such as industrial excess capacity, forced labor, pharmaceutical pricing practices, discrimination against U.S. technology companies and digital goods and services, digital services taxes, ocean pollution, and practices related to the trade in seafood, rice, and other products."

They intend to conduct these investigations on an accelerated timeframe, in keeping with the Section 301 statute's substantive and procedural requirements.

If these investigations conclude that there are unfair trading practices and that responsive action is warranted, tariffs are one tool that may be imposed, Greer said.

Further, the US administration will continue the ongoing Section 301 investigations, including those involving Brazil and China. "If these investigations conclude that there are unfair trading practices and that responsive action is warranted, tariffs are one tool that may be imposed," Greer said in the statement. They will maintain tariffs currently imposed under Section 232 of the Trade Expansion Act of 1963, and conclude ongoing investigations.The Supreme Court's decision today, Greer said, addresses the constitutionality of only President Trump's Reciprocal and Fentanyl Tariffs.

"Extensive tariffs that President Trump has imposed pursuant to other statutory authorities will remain in place. For example, existing Section 301 tariffs on China range from 7.5 percent to 100 percent, depending on the product, and existing sectoral Section 232 tariffs range from 10 percent to 50 percent, depending on the product. These measures cover 30 percent of existing U.S. imports," his statement read.

Backing President Trump's tariffs that were struck down by the apex court, Greer said the use of the International Economic Emergency Powers Act ("IEEPA") was a necessary and appropriate tool to quickly and flexibly address major challenges originating from outside the United States, including the fentanyl, immigration, and trade deficit crises.

"Regardless of the Court's decision today, these challenges--and the enormous progress we've made--remain," he affirmed.

"The Trump Administration is committed to continue implementing the President's trade policy, which was at the core of his campaign and agenda. For many months, the Trump Administration has cautioned foreign trading partners and the business community that if the Supreme Court were to limit the President's authority to impose tariffs under IEEPA, alternative tools would be implemented to address many of the issues at the heart of the President's reciprocal tariff program."

- ANI

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Reader Comments

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Priyanka N
The mention of "forced labor" and "industrial excess capacity" in the Section 301 investigations seems directly aimed at China. If new tariffs come from this, Indian manufacturers in sectors like textiles, electronics, and pharmaceuticals might see a short-term opportunity. But we must be careful not to get caught in the crossfire.
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Aditya G
Interesting to see "digital services taxes" listed. This could impact our IT services sector if the US decides it's an unfair practice. Our companies provide immense value, but the trade environment is becoming very protectionist. Time for our trade negotiators to be extra vigilant.
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Sarah B
While I understand the need for fair trade, this feels like an end-run around the Supreme Court. The administration lost on one legal basis, so they're just shopping for another statute to achieve the same goals. It undermines the rule of law and creates policy whiplash for everyone.
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Karthik V
The 10% temporary surcharge is worrying. If it applies to engineering goods or auto components, it will hurt many MSMEs here that are part of the global supply chain. The government should proactively engage with US authorities to seek exemptions for key Indian exports. Jai Hind! 🇮🇳
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Michael C
The statement says "essential goods" will be exempt. I hope that includes medical supplies and generic pharmaceuticals from India. The world learned during COVID how crucial a stable supply of medicines is. Tariffs on life-saving drugs would be a terrible move.

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