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Within hours of the decision, Trump pivoted, announcing a new 10% tariff, with some exemptions, under a different statute: Section 122 of the Trade Act of 1974. Then, over the weekend, he increased that rate to 15%.
The new tariff goes into effect Tuesday, Feb. 24. The tariff is temporary and will expire in late July, unless Congress votes to extend it. Under Section 122, President Trump has some very specific tariff-imposing powers, said Erica York, vice president of federal policy at the Tax Foundation. “The president can issue a proclamation without any investigation required to impose tariffs of up to 15%, and those can’t last more than 150 days, unless Congress approves them,” she said.
They don’t have to be justified by other countries’ alleged unfair trade practices, or to protect U.S. national security. The president just has to assert that the U.S. faces a balance of payments crisis.
“These are rate-limited, time-limited tariffs, not a really broad authority like what the President tried to do under IEEPA,” York said. And they don’t vary from country to country, so the Trump administration can’t use them to punish certain trading partners. But the new tariffs don’t cover everything we import, said Gary Hufbauer, nonresident senior fellow at the Peterson Institute for International Economics. Not by a long shot. |