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Trump administration kicks off new process to try to replace tariffs struck down by Supreme Court

A worker lifts an aluminum beam on the factory floor at The Luxury Pergola, a company that manufactures aluminum pergolas, on Friday, Feb. 20, 2026, in Noblesville, Ind.

Anthropic

WASHINGTON — Following the Supreme Court's decision to invalidate President Donald Trump's prior use of tariffs by declaring an economic emergency, the Trump administration launched a fresh trade inquiry into foreign manufacturing on Wednesday.

Trump and his administration have made it apparent that they want to use various laws to impose new tariffs in order to make up for the hundreds of billions of dollars in lost revenue following the Supreme Court's February decision.

Under Section 301 of the Trade Act of 1974, the administration is initiating investigations in this instance, which may ultimately result in increased import tariffs. However, in a call with reporters on Wednesday, U.S. Trade Representative Jamieson Greer stated he didn't want to predict how the process would turn out.

Greer emphasized that the objective was to safeguard American jobs, saying, "The policy remains the same – the tools may change depending on, you know, the vagaries of courts and other things."

Much of the turbulence that shook the world economy last year may resurface when the process to completely replacing Trump's previous tariffs gets underway. New arrangements with U.S. trading partners were created as a result of the since-overturned tariffs, and it's unclear how a new set of import duties may affect those accords. Greer implied that the trading frameworks were distinct from the new inquiry and defined them as existing independently.

The war in Iran and the midterm elections, where Democrats are running against Trump's Republican supporters by highlighting that the public is entitled to tariff refunds in light of the Supreme Court ruling, might be the backdrop for this fresh wave of tariffs.

According to Greer, the inquiry will look into government support and excess industrial capacity that might provide foreign businesses an unfair edge over American businesses.

China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, South Korea, Vietnam, the self-governing island of Taiwan, Bangladesh, Mexico, Japan, and India are among the organizations under scrutiny. In addition to programs like subsidies and wage suppression, the government is searching for what it considers to be sustained trade surpluses with the United States.

Additionally, the administration is launching a Section 301 investigation to prohibit the importation of products manufactured using forced labor.

According to Greer, there may be more Section 301 inquiries into topics like ocean pollution, digital service taxes, and the cost of pharmaceutical drugs. Section 232 of the 1962 Trade Expansion Act gives the Commerce Department the authority to conduct independent trade investigations.

The government is under time pressure to finish its investigations. Under section 122 of the 1974 Trade Act, the administration has slapped 10% taxes on items created abroad; however, these levies expire on July 24 after 150 days. Although he has not yet done so, Trump stated that he intended to raise that import tax to 15%.

According to Greer, the administration is "keying off" the new inquiry in light of the 150-day deadline, with the intention of presenting Trump with "potential options" as soon as feasible.

Greer stated, "My sense is that these countries continue to want to deal, and President Trump continues to want the deal." He added that because tariffs are in effect, the nations' commitments and the frameworks' implementation would be viewed as a "bump" against the requirements of the Section 301 process.

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