WASHINGTON — President Donald Trump’s administration is moving to create a new round of import taxes after the Supreme Court rejected his earlier tariff strategy, forcing the White House to search for a more durable legal path to preserve a central part of Trump’s trade agenda.
After the February ruling, Trump imposed temporary replacement tariffs under Section 122 of the 1974 Trade Act, but those levies are set to expire July 24. The administration is now turning to Section 301, a trade law that has historically been used to investigate unfair trade practices and impose tariffs that are more likely to survive legal challenges.
The Office of the U.S. Trade Representative is beginning hearings in two investigations expected to pave the way for new tariffs. The probes focus on forced labor and global overproduction by dozens of economies that together account for nearly all U.S. imports. The administration argues the measures are needed to protect American manufacturers and workers.
The new tariffs, however, would function much like the old ones for businesses and consumers. Import taxes are paid by U.S. importers, but companies often pass those costs along through higher prices. That could add pressure to households already frustrated by inflation, grocery costs, fuel prices, and other rising expenses.
Trump’s earlier tariffs were struck down because the court rejected the administration’s use of emergency economic powers to impose broad import taxes. Businesses that paid those tariffs are now seeking refunds, with General Motors expecting a $500 million refund after the ruling.
The White House’s latest approach is expected to face legal challenges, but trade experts say Section 301 may prove stronger in court than the emergency authority the Supreme Court rejected. The fight also raises a larger question over who should control tariff policy—the president acting through executive authority, or Congress exercising its constitutional power over taxes and trade.
For American families, the issue is not only legal. If new import taxes move forward, the cost could show up in the price of cars, appliances, electronics, clothing, food-related goods, and other everyday items. The administration says tariffs protect American industry. Critics warn the tariffs could become another hidden tax on consumers while also hurting American businesses already strained by inflation, higher grocery prices, rising fuel costs, and other expenses.