In response to the US Supreme Court’s decision to strike down IEEPA tariffs, and in a press conference held later in the day, the US Government announced a decision to begin the process of implementing a 10% global tariff under Section 122.  

This means that the following will remain in place and were not impacted by the Supreme Court’s decision: 

• Tariffs established under Section 232. 
  
  • Section 232, or the Trade Expansion Act of 1962, is commodity-specific and allows for the implementation of tariffs intended to protect national security. 
• Tariffs established under Section 301
  
  • Section 301 tariffs are country-specific and implemented to counteract “unfair trade practices.” 

It is likely that new orders will be made under these sections, and the administration has already announced that it intends to launch a series of additional Section 301 investigations across several countries and industries. 

However, tariffs implemented under 122, namely, the new global 10%, can only remain in place for 150 days before requiring congressional approval. Tariffs implemented under 232 and 301 do not require this approval. 

We are awaiting further details on these announcements, including how and when they will be implemented.

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