Trump pivots to new 10% global tariff, new probes after Supreme Court setback
U.S. President Donald Trump moved on Friday to replace tariffs struck down by the Supreme Court with a temporary 10% global import duty for 150 days and ordered new investigations under other laws that could allow him to re-impose the tariffs.
Trump signed executive orders late on Friday to impose new tariffs starting on Tuesday under Section 122 of the Trade Act of 1974, partly replacing tariffs of 10% to 50% under the 1977 International Emergency Economic Powers Act that the top court declared illegal, and ending collection of the now-banned duties.
The orders continued exemptions already in place for aerospace products; passenger cars and some light trucks; goods from Mexico and Canada that are compliant with the U.S.-Mexico-Canada trade agreement; pharmaceuticals and certain critical minerals and agricultural products.
Trump’s Treasury Secretary, Scott Bessent, said the new 10% duties and potentially enhanced tariffs under the Section 301 unfair practices statute and the Section 232 national security statute would result in virtually unchanged tariff revenue in 2026.
“We will get back to the same tariff level for the countries. It will just be in a less direct and slightly more convoluted manner,” Bessent told Fox News, adding that the Supreme Court decision had reduced Trump’s negotiating leverage with trading partners.
The 10% tariff order justified use of the Section 122 statute, noting that the U.S. had a “large and serious balance of payments deficit” and said the situation was getting worse.
Trump said his administration also was initiating several new country-specific investigations under Section 301 of the Trade Act of 1974 “to protect our country from unfair trading practices of other countries and companies.”
The executive order directed the U.S. Trade Representative’s office to investigate “certain unreasonable and discriminatory acts, policies and practices that burden or restrict U.S. commerce,” but did not identify any specific targets.
USTR already has open probes on China and Brazil, and could take aim at other big trading partners including Vietnam and Canada.
U.S. Trade Representative Jamieson Greer said details on new Section 301 investigations would be revealed in coming days, adding these are “incredibly legally durable.” Trump relied on Section 301 to impose broad tariffs on Chinese imports during his first term.
