Tag: Section 122


  • The International Payments Crisis Underlying Section 122 Tariffs The 10% import surcharge under Section 122 of the Trade Act of 1974 operates as a policy response to what the administration characterizes as fundamental international payments problems confronting the United States. The policy rationale is not protectionist in the conventional sense but rather balance-of-payments corrective-using tariff…

  • The Section 122 Surcharge: Framework and Reality The flat 10% Section 122 surcharge announced as import policy appears at first glance to be a uniform tariff applied across all product categories. In reality, the surcharge operates as a residual duty applied only to merchandise not protected by other tariff measures or specific exclusions. Understanding this…

  • States Challenge Trump Tariffs: Legal Questions About Presidential Authority and Constitutional Limits

    The Constitutional Crisis: States Question Presidential Authority Over Section 122 Tariffs More than 20 US states have filed legal challenges asserting that the Trump administration’s implementation of Section 122 tariffs exceeds constitutional and statutory presidential authority. This coalition lawsuit represents an unprecedented assertion of state power to challenge federal tariff authority and reflects deep concerns…