My colleagues published an excellent eUpdate on a number of trade developments this week. It’s been a lot, with USTR coming out with a slate of new 301 Tariffs following its investigation into forced labor related policies and practices, opening a new 301 investigation on intellectual property protection in Vietnam, adjustments to 232 duties and more. Here is a link...
Like many, I’ve found myself experimenting with AI to see if it would enable me to take on projects that are otherwise out of reach. I’ve had success in some narrow cases, but other times I’ve ended up in a rabbit hole to nowhere. My most recent project has landed somewhere in the middle. When USTR opened two Section 301...
In the wake of the Supreme Court’s February 20 decision striking down the authority of the United States Trade Representative to impose tariffs under IEEPA, USTR has been exploring other tariff authorities, including an immediate use of Section 122. It is now turning to its more traditional, investigative authorities, though to an unprecedented degree. On March 11, 2026 and then...
President Trump is imposing new tariffs effective on Tuesday, February 24, under Section 122 of the Trade Act of 1974 (“Section 122”). The Section 122 tariffs replace the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”), and that the Supreme Court on Friday found unlawful. Does a solid legal footing exist for the Section 122 tariffs? Given the...
February 20, 2026 started off with arguably the most economically significant Supreme Court ruling in living memory when the Court struck down the White House’s use of IEEPA authority for tariffs representing roughly half of collected tariff revenue over the last year. The day ended with executive orders from an undeterred White House laying out a course for its continued...
President Trump is imposing new tariffs effective on Tuesday, February 24, under Section 122 of the Trade Act of 1974 (“Section 122”). The Section 122 tariffs replace the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”), and that the Supreme Court on Friday found unlawful. Does a solid legal footing exist for the Section 122 tariffs? Given...
Way back on January 9, I logged into a SCOTUSblog chat group to hear that excellent team live-blog the announcement and delivery of Supreme Court opinions for the day. From the comments of other visitors, I wasn’t the only one joining to see if a decision on tariffs was forthcoming. Not by a long shot. Journalists, trade professionals, executives, and...
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