Insight: This Is How U.S. Could Revive Tariffs If It Loses Court Case

International Trade attorney Patrick Childress was quoted in an Independent Commodity Intelligence Services (ICIS) report on the potential effects of a forthcoming U.S. Supreme Court decision addressing whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act (IEEPA). He explained that even if the court limits IEEPA's application, any interruption in tariffs may be brief because the administration has other tools that can replicate most of the regime with comparable speed and leverage. He pointed to Section 122 as a stopgap authority to impose tariffs of up to 15 percent for up to 150 days, buying time for the U.S. Trade Representative to complete Section 301 investigations and implement new measures. In Mr. Childress' view, these alternative pathways also shape how U.S. trading partners will respond, because they understand the U.S. can swiftly reimpose import duties.

"The Supreme Court decision is not going to have a large impact on the trade agreements because our trading partners will recognize that the administration has other authorities that it can use to quickly recreate the tariffs that were the basis of these agreements," he said.

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