White House Eyes Section 122 Tariffs

Posted 2/20/26

  With the Supreme Court’s decision in Learning Resources v. Trump striking down tariffs imposed under the International Emergency Economic Powers Act, administration officials have pointed to another statute as a potential fallback: Section 122 of the Trade Act of 1974.

Unlike IEEPA, Section 122 expressly authorizes a temporary “import surcharge” — “in the form of duties” — when “fundamental international payments problems” require import restrictions.

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