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The next phase of U.S. President Donald Trump’s trade war may come down in large part to a 50-year-old law that was meant to make it easier for presidents to boost trade, not hinder it.

After suffering a pair of judicial setbacks last week that called into question the most expansive of Trump’s tariffs, the administration is likely preparing to use a little-remembered provision from the 1974 Trade Act. The provision, which has never been used before, allows the White House to levy tariffs of up to 15 percent on countries for up to five months before Congress can weigh in. 

The next phase of U.S. President Donald Trump’s trade war may come down in large part to a 50-year-old law that was meant to make it easier for presidents to boost trade, not hinder it.

After suffering a pair of judicial setbacks last week that called into question the most expansive of Trump’s tariffs, the administration is likely preparing to use a little-remembered provision from the 1974 Trade Act. The provision, which has never been used before, allows the White House to levy tariffs of up to 15 percent on countries for up to five months before Congress can weigh in. 

The legal setbacks are now on hold due to an appeals court stay while litigation plays out. Yet the Trump administration has reportedly told other countries that talks must continue to negotiate bilateral deals with the United States because “the president intends to continue this tariff program pursuant to other robust legal authorities if necessary.”

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