Trump rebuilds tariff wall

The Trump administration is trying to rebuild its tariff wall after the Supreme Court knocked out the legal foundation for Trump’s broadest import taxes on February 20. (abcnews.com) (cbsnews.com) In a 6-3 ruling, the court said the International Emergency Economic Powers Act did not let the president impose tariffs, rejecting the authority Trump used for duties on imports from almost every country. (abcnews.com) (cnbc.com) The justices did not settle the refund fight. U.S. Customs and Border Protection had collected $133 billion in those tariffs by mid-December, and a refund portal opened in April for importers seeking money back. (abcnews.com) (finance.yahoo.com) Trump responded by imposing a temporary 10% global tariff under Section 122 of the Trade Act of 1974, a law that allows a duty of up to 15% for 150 days. (politico.com) (icontainers.com) That stopgap duty is already in court. Judges at the U.S. Court of International Trade heard arguments on April 10 over whether Trump used a 1974 balance-of-payments law far beyond what Congress intended. (politico.com) At the same time, the Office of the United States Trade Representative has opened a more durable path: Section 301 investigations that can support tariffs after a formal record, comments and hearings. (federalregister.gov) (ustr.gov) One March 11 investigation targets what USTR calls “structural excess capacity” in manufacturing. It names China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan and India. (federalregister.gov) USTR set May 5 through May 8 for public hearings on that case at the U.S. International Trade Commission in Washington, with written comments and requests to testify due April 15. (federalregister.gov) A separate Section 301 track is already in hearings this week. USTR said it would hear testimony on April 28 and April 29 on investigations into 60 economies over failures to block imports made with forced labor. (ustr.gov) The White House has been explicit that the temporary 10% tariff is a bridge. Politico reported administration lawyers told judges Trump intends to move to other authorities that could support permanent tariffs. (politico.com) That leaves importers facing two clocks at once: court fights over the temporary tariff and an administrative process that could produce a new round of country-by-country duties later this year. (politico.com) (federalregister.gov) For now, Trump’s first tariff wall is being unwound through refund claims, while a second one is being rebuilt through hearings, dockets and older trade statutes. (finance.yahoo.com) (federalregister.gov)