Trump’s latest tariff proposal has a new rationale, but the same outcome

For a man who has been accused of having a short attention span, President Trump has shown unwavering commitment to impose tariffs on America’s trading partners, friend and foe alike. He has been steadfast in seeking to reduce U.S. trade deficits and to restore manufacturing, even though the results have fallen short of his goals. 

One thing that has changed are the legal justifications the Trump administration has used to impose higher duties. Following the Supreme Court’s decision to strike down the use of reciprocal tariffs under the International Emergency Economic Powers Act, Trump implemented a broad 10 percent global tariff that primarily relies on Section 122 of the Trade Act of 1974.  

With that action set to expire soon, the Trump administration has recently proposed duties of 10 percent or 12.5 percent on imports from 60 countries for exporting goods that are made with forced labor. The U.S. Trade Representative’s office plans to apply Section 301 of the Trade Act of 1974, which authorizes it to investigate and retaliate against practices that violate trade agreements or harm U.S. commerce.

The Trump administration used Section 301 in his first term to impose duties on China and the European Union, and the tariffs have survived multiple court challenges. However, no administration has previously used the provision in such a sweeping way. The EU has challenged the application on grounds that its practices on forced labor are stricter than those in the U.S. 

Although the intent is to keep higher tariffs in........

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