According to multiple media reports, the Trump administration may announce a new trade investigation as early as Wednesday, with the core goal of replacing reciprocal tariffs that were recently ruled illegal by the U.S. Supreme Court. The New York Times reported on Wednesday that the investigations would proceed under Section 301 of the Trade Act of 1974. The law authorizes the president to impose tariffs on imports from other countries if he determines that they are engaging in unfair trade practices.
Section 301 tariffs are expected to replace reciprocal tariffs that Trump imposed on most countries around the world last year without congressional authorization. Neither outlet disclosed the countries targeted by the Section 301 investigation.
The U.S. Supreme Court ruled 6-3 on February 20 that Trump’s previous claims to impose such tariffs under the International Emergency Economic Powers Act (IEEPA) lacked legal authority.
Within hours of the Supreme Court ruling being announced, Trump signed an executive order imposing a new 10% global tariff under Section 122 of the Trade Act. Article 122 tariffs are valid for 150 days.
U.S. Treasury Secretary Scott Bessant predicted in an interview last week that U.S. tariffs would return to pre-Supreme Court ruling levels by August.
Bessent said that in the next few months, the Office of the U.S. Trade Representative and the Department of Commerce will complete relevant trade studies to provide a basis for imposing more tariffs.
"I firmly believe that the tariff rates will be restored to their original levels within five months, and these are very sufficient legal authorizations," Bessant said.
"They have withstood the challenge of more than 4,000 legal actions. The progress has been slower but more robust."