Why It Matters

A new Congressional Research Service (CRS) report outlines how the Trump administration has used alternative legal authorities to impose tariffs after a Supreme Court ruling invalidated its earlier emergency tariffs, raising questions about congressional oversight and the potential for additional trade restrictions. ​

Since that ruling, President Donald Trump has cited four statutory authorities to impose higher tariffs: Section 338 of the Tariff Act of 1930, Section 232 of the Trade Expansion Act of 1962, and Sections 122 and 301 of the Trade Act of 1974. Section 122 permits presidential tariffs for no more than 150 days without congressional authorization to extend them. Those tariffs expired July 24.

The Big Picture

Unlike IEEPA, Sections 232 and 301 require completed investigations before imposing additional duties. Section 232 investigations are conducted by the Commerce Department's Bureau of Industry and Security (BIS), while Section 301 investigations are conducted by the U.S. Trade Representative (USTR).

On July 23, Trump directed tariffs of 10% or 12.5% on 60 economies after a Section 301 investigation into their prohibitions and enforcement measures against forced-labor-produced imports. The tariffs took effect July 24, with exemptions for certain products and trading partners. A separate Section 301 investigation into structural excess capacity in manufacturing sectors began in March and remains ongoing.

Under Section 232, steel and aluminum face tariffs ranging from 10% to 50% globally, while patented pharmaceuticals and pharmaceutical ingredients face rates of 10% to 100%, depending on the country.

Under Section 338, the administration imposed 50% duties and import bans on select Canadian motor vehicles, alcoholic beverages, and dairy products, without exemptions for compliance with the U.S.-Mexico-Canada Agreement. Proclamations covering motor vehicles and dairy were published Sept. 14. Section 338 duties on Canada apply in addition to applicable Section 232 duties.

The Bottom Line

Several tariff measures have future implementation dates. Minimum import prices for polysilicon and its derivatives take effect Dec. 4. Tariff increases on certain timber and lumber products are scheduled for Jan. 1, 2027, while duties on certain drone components take effect Feb. 9, 2027. Multiple Section 232 and Section 301 investigations remain ongoing, with additional tariff rates yet to be determined.

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