ANALYSIS: Trump’s Use of Tariff Tools Grows Despite SCOTUS

President Donald Trump has until the end of July before the temporary tariffs he imposed after the US Supreme Court in February struck down his emergency tariffs expire.

However, Trump has a plan to implement more permanent tariffs along other lines. Even before the ruling in Learning Resources, Inc. v. Trump, the president has this term used other tariff bases more than he did in his first term—and more than his predecessors combined.

Quick Action to Reimpose Tariffs

The same day the ruling was released, Trump announced global “balance-of-payment deficits” tariffs of 10% on virtually all goods imported into the US. These tariffs took effect on Feb. 24. They’re based on section of a Nixon-era law, Section 122 of the Trade Act of 1974, that no president has used until now. There are challenges to the tariffs, including one filed by 24 states.

While Section 122 tariffs can be implemented via a presidential proclamation, they’re limited to 15% of the value of the imported goods, and have a statutory 150-day limit unless Congress extends it. So these tariffs are merely a bridge to allow Trump the necessary time to implement more permanent tariffs.

The president has two primary options for imposing such tariffs:

• Section 301 of the Trade Act of 1974, which addresses unfair trade practices by other countries.
• Section 232 of the Trade Expansion Act of 1962, which authorizes tariffs on imports that may be a threat to US national security.

Unlike Section 122, however, Sections 301 and 232 can’t be imposed on the president’s say-so alone; both sections require an investigation into the facts and circumstances around the requested actions. The initiation of an investigation (whether by private parties or the federal government) sets off a cascade of deadlines. Laws and regulations circumscribe the processes both as to scope and outcome, and public input generally must be sought.

For the past quarter century, presidents have used Sections 301 and 232 to a limited degree. Trump is on track to outpace even his record-setting first-term usage.

Unfair Trade Practices

Section 301, part of the same trade law package as Section 122, is meant to ensure US rights under trade agreements and to protect US commerce from “unfair” foreign actions.

Previous administrations since President George W. Bush didn’t rely heavily on Section 301. Between 2001 and 2017, there were four Section 301 cases. In those cases, the US didn’t take any actions beyond resolving the underlying disputes through negotiations with the relevant countries. Tariffs were briefly imposed on Canada in 2009 but were terminated less than a month later after the US and Canada reached an agreement.

The Trump administration, however, initiated six Section 301 actions in his first term—more than the previous 16 years combined. Three of the six investigations resulted in tariffs, two of which were suspended in 2020.

The remaining three investigations concluded during President Joe Biden’s term, and were either terminated or settled via negotiations with the targeted foreign countries. The Biden administration also initiated three investigations, but they were either paused or no action was taken.

So far this term, the USTR has initiated five Section 301 investigations into excess manufacturing capacity and production against 15 countries, including China and India, as well as the EU. It has also initiated investigations into forced labor matters against 60 economies, including Canada and Mexico.

The US Trade Representative has also revived three previously terminated or suspended investigations, with the largest being a widespread review of China’s implementation of the Phase One agreement it negotiated under Section 301 with the first Trump administration.

Section 232 National Security

Section 232 has seen less usage historically than Section 301. Before Trump’s first term, there were only 26 investigations since its implementation in 1962, and there was only one case between 2001 and 2016.

Prior to Trump’s first term, no Section 232 investigation since 1962 resulted in tariffs.

There were eight investigations during Trump’s first term, representing almost a quarter of all Section 232 investigations up to that point (26).

The Trump administration is moving faster in this term. The US Department of Commerce initiated 12 investigations in 2025. Of the five investigations initiated in 2025 that have concluded, four resulted in tariffs. The remaining investigation resulted in negotiations with trading partners. The other seven investigations are ongoing.

Trump also revived and expanded Section 232 tariffs levied during his first term, especially tariffs on steel, aluminum, and automobiles.

Expect More Tariff Actions

Trump has initiated a total of 31 investigations under Sections 301 and 232 over his two terms, more than double of the combined total of investigations under other 21st-century presidents.

And there are several indications that more tariffs are coming, despite the Learning Resources ruling.

In his 2026 State of the Union address in February, Trump stated that tariffs will remain in place via “fully approved and tested alternative legal statutes” such as Sections 232 and 301. And given that 17 investigations were initiated in 2025 alone, it’s safe to assume more will come in the remaining three years of his term.

Section 232 and Section 301 tariffs are on firmer legal ground than those struck down by the Supreme Court and are likely to stick around.

Bloomberg Law subscribers can find related content on our In Focus: Tariffs resource.

For further insights on tariffs, access Bloomberg Law’s new webinar, Adapting to Tariff Turmoil.

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