Trump Imposes New Tariffs – Here's Why They May Be Harder to Strike Down in Court

International Trade attorney Patrick Childress was cited in a Forbes article about the Trump Administration's new Section 301 tariffs on imports from more than 80 countries. The tariffs, ranging from 10 percent to 12.5 percent, are based on the administration's position that the affected countries have not adequately restricted imports made with forced labor. The article examined whether the measures are more likely to withstand legal challenges than the administration's previous tariffs, noting that Section 301 requires a formal investigation and expressly authorizes the president to impose tariffs in response to unfair trade practices. While the statutory process may strengthen the tariffs' legal footing, questions remain about whether the forced-labor rationale can support duties applied broadly across numerous trading partners. Mr. Childress noted that the new measures should be viewed as part of a broader effort to reshape U.S. trade policy.

"The forced labor 301 tariffs are not the end of the story. Expect the Administration to further increase the overall tariff rates on goods from trading partners to bring them closer to the International Emergency Economic Powers Act (IEEPA) tariff rates the Supreme Court struck down," he said.

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