Trump said he would sign an executive order imposing a 10% tariff on imports from all nations, replacing part of the duties invalidated by the court
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Moneycontrol21-02-2026, 04:37

Trump's New Tariff Battle: Section 122 Replaces Struck-Down IEEPA Powers

  • President Trump invokes Section 122 of the Trade Act of 1974 for new tariffs after Supreme Court invalidates IEEPA use.
  • Section 122 allows temporary tariffs (up to 15% for 150 days) to address 'large and serious' balance-of-payments deficits.
  • Unlike IEEPA, Section 122 explicitly permits temporary import surcharges and does not require a formal investigation.
  • Tariffs under Section 122 automatically expire after 150 days unless Congress extends them.
  • Other trade tools like Section 301 (unfair practices) and Section 232 (national security) remain available for the administration.

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