The Trump administration is reportedly quietly preparing contingency plans in case the Supreme Court rules against one of his key tariff tools, a move that suggests the White House is preparing to reimpose the duties as quickly as possible.
According to sources familiar with the matter, both the Commerce Department and the Office of the US Trade Representative (USTR) have been exploring alternative options, including using Section 301 and Section 122 of the Trade Act, which gives the president unilateral authority to impose tariffs.
But these alternatives come with risks: they are often slower or more limited in scope than the powers Mr. Trump has used. They could also face their own legal challenges. Still, one official, speaking on condition of anonymity, said tariffs would remain a core part of Mr. Trump’s economic agenda regardless of the court’s decision.
The Supreme Court case centers on Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose reciprocal tariffs around the world , as well as duties on goods from China, Canada, and Mexico. More than half of the 14.4% effective tariff on US imports is due to IEEPA duties, according to Bloomberg estimates. An adverse ruling could force the administration to repay more than $88 billion in duties collected.
It is unclear when the Supreme Court will rule. The justices could maintain the tariffs, repeal them altogether or impose a more targeted measure. The ruling risks creating further uncertainty for foreign businesses and governments .
In the event that the court rules against President Trump, Scott Lincicome, Vice President of Economics at the Cato Institute, said that Trump's team would act immediately to restore the tariffs.
Observers point out that some contingency plans have already been activated. For example, Mr. Trump has launched a Section 301 investigation into Brazil and has maintained Section 301 tariffs on some Chinese goods. Kevin Hassett, director of the National Economic Council, also confirmed that the US president could use Section 301 or Section 122 to reimpose import tariffs if a court rules against his tariff policies.
But enforcing the new measures won’t be easy. Section 122 only allows for a 15% tariff to be imposed for a maximum of 150 days. Meanwhile, Section 338 of the Tariff Act has never been used and could quickly become embroiled in a new legal battle.
Overall, officials will have to grapple with unanswered questions, such as whether the administration can impose Section 122 tariffs concurrently, rescind them early, and then reimpose them under a new timeframe? Or whether the administration should apply them retroactively to avoid having to repay money collected under the current system. That could become a huge legal tangle, Lincicome said.
The White House declined to comment on specifics, but acknowledged that it was considering “new ways” to maintain its trade policy. White House Deputy Chief of Staff James Blair said the administration’s chances of winning in court were 50-50 or better. But if it lost, he said officials would reinstate the canceled tariffs. According to Blair, President Trump has tools within his existing powers to reinstate the tariffs.
Source: https://vtv.vn/nha-trang-chuan-bi-ke-hoach-b-truoc-phan-quyet-ve-thue-quan-cua-toa-an-toi-cao-100251123165128157.htm
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