White House starts temporary import taxes as it crafts new tariff mechanism
- President Donald Trump’s trade team this week began Section 301 hearings to build replacement tariffs after the Supreme Court voided his earlier emergency-power levies. - The stopgap tariff now in force is a 10% global surcharge under Section 122, a temporary power that expires after 150 days. - Importers are also pursuing refunds on voided duties, with Customs estimating $166 billion owed across 330,000 firms. (cbia.com)
The Trump administration this week opened hearings on new tariffs as it races to replace import taxes the Supreme Court struck down in February. (abcnews.com) President Donald Trump switched to a temporary 10% global import surcharge after the court ruled on February 20, 2026, that the International Emergency Economic Powers Act does not authorize tariffs. (bdo.com) (ropesgray.com) That replacement uses Section 122 of the Trade Act of 1974, which allows a global tariff of up to 15% for 150 days. A federal trade court heard arguments on April 10 over whether Trump’s use of that law is legal. (bdo.com) (politico.com) The longer-term plan runs through Section 301, the trade law the United States usually uses after formal investigations and public hearings. That process takes longer, but it is generally seen as sturdier in court than the emergency-power route the Supreme Court rejected. (abcnews.com) (cfr.org) One set of hearings started April 28 and April 29 on whether 60 economies failed to block imports made with forced labor. The Office of the United States Trade Representative said transcripts will be posted after the sessions. (ustr.gov) (federalregister.gov) A second Section 301 track targets structural overcapacity in 16 trading partners, including China, the European Union, Japan, Mexico and India. Those hearings are scheduled to begin May 5 and can continue through May 8. (federalregister.gov) Treasury Secretary Scott Bessent said the administration intends to replace the revenue lost when the Supreme Court wiped out the earlier tariff program. Importers and foreign governments have argued the outcome of the new probes looks preordained. (abcnews.com) The court ruling also opened a second fight: refunds. Customs and Border Protection’s refund portal went live on April 20 after the Court of International Trade ordered the agency to repay unlawfully collected duties to all importers of record, not just the companies that sued. (cbia.com) (usatoday.com) Customs estimates it owes about $166 billion to 330,000 importers on 53 million entries tied to the invalidated tariffs. General Motors said this week it expects a refund of about $500 million. (cbia.com) (apnews.com) The immediate question is whether the White House can keep tariff revenue flowing before the 150-day bridge runs out in July. The longer question is whether the courts will accept this replacement framework any more than the last one. (politico.com) (abcnews.com)
