Supreme Court rejects broad IEEPA tariff use; Sections 232, 201, 301, 122 and 338 remain available under tighter rules



The Trump administration has other tariff authorities it could pivot to …

Sec. 122 of 1974 Trade Act. A maximum tariff of 15% for up to 150 days to address deficits. No investigation required. This authority has never been invoked before.

Sec. 338 of the 1930 Tariff Act. A maximum tariff of 50% to address “unreasonable” trade practices. No investigation required. This authority has never been invoked before.

Sec. 301 of the 1974 Trade Act. No limit on tariffs to address “unfair” trade practices. Investigation required. The Trump administration has used this authority before.

Sec. 232 of the 1962 Trade Expansion Act. No limit on tariffs to address threats to “national security.” Investigation required. The Trump administration has used this authority before.