Trump’s Section 301 Tariffs Face Legal Challenge

The U.S. Court of International Trade will hear a case on September 30 challenging the Trump administration’s use of Section 301 of the Trade Act of 1974 to impose broad tariffs on dozens of trading partners.

Orange County RegisterCNN

Section 301, drafted in the early 1970s, gives the president authority to investigate a single foreign “act, policy, or practice” that unfairly burdens U.S. commerce. After a February Supreme Court ruling that barred the use of IEEPA for tariffs, the administration invoked Section 122 to impose a universal 10 % tariff, which expired after five months. It then launched the current Section 301 tariff regime.

Orange County Register

• Tariffs of 10 %–12.5 % on more than 60 countries cited for forced-labor practices.

CNN

• Brazil: 37.5 % tariff.

CNN

• Canada: select items at 50 % under Section 338 of the Tariff Act of 1930.

CNN

The administration argues that Section 301’s lack of time limits gives the president “carte blanche” to act against countries whose policies “harm U.S. commerce.” U.S. Trade Representative Jamieson Greer released a 98-page forced-labor report in June and announced the tariff actions in July.

CNN

The Liberty Justice Center, which filed the lawsuit, says the forced-labor allegations are “spurious,” the investigations were inadequate, and the tariffs are “pretextual.” Its CEO Sara Albrecht calls the administration’s statements a “pretextual basis for the tariffs.”

CNN

Three former senior trade officials—Alan Wolff, Carla Hills, and Warren Maruyama—filed an amicus brief supporting the Liberty Justice Center. They argue the statute was never meant to authorize wholesale authority over all imports and that aggregating dozens of investigations exceeds congressional intent. Wolff warns a victory for the plaintiffs could force the administration to seek another statutory authority for tariffs.

CNN

The case tests the constitutional allocation of trade powers between Congress and the executive. A ruling that the tariffs are unlawful could reaffirm congressional control over tariff policy and limit future presidents from expanding trade barriers unilaterally. An upholding would broaden executive discretion and affect global supply chains tied to forced-labor concerns.

CNN

• February: Supreme Court bars IEEPA use for tariffs.

Orange County Register

• After February: Universal 10 % tariff via Section 122.

Orange County Register

• Five months later: Section 122 tariffs expire; Section 301 tariffs enacted.

CNN

• June: Greer publishes forced-labor report.

CNN

• July: Tariffs of 10 %–12.5 % applied.

CNN

• September 30: Court hearing on legality of Section 301 tariffs.

Orange County Register

The administration’s forced-labor findings have not been publicly detailed for each targeted country, and critics note the lack of transparent methodology. No independent verification of the alleged labor violations has been presented.

CNN

• “I have a sense of ownership of the statute,” — Alan Wolff, ambassador

CNN

• “The notion that you can write your own tariff against anyone and anybody is offensive,” — Alan Wolff, ambassador

CNN

• “It’s clearly showing a pretextual basis for the tariffs,” — Sara Albrecht, CEO of the Liberty Justice Center

CNN