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Section 338

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Court tests loom for Trump’s Canada tariffs under Section 338
business6 days ago

Court tests loom for Trump’s Canada tariffs under Section 338

AP reports that Trump’s 5% Section 338 tariffs on Canadian imports are drawing fresh legal questions: while proponents argue tariffs can offset discrimination, critics contend Congress may have limited or superseded 338 authority with later trade laws and require proof of specific harm. With Canada retaliating and few lawsuits filed so far, the tariff’s legality and scope remain unsettled, and a renewed push for talks could still defuse the standoff.

Trump’s Tariff Gamble Faces an Uncertain Supreme Court
politics8 days ago

Trump’s Tariff Gamble Faces an Uncertain Supreme Court

Slate’s Jurisprudence explains Trump’s new tariff tactic—invoking Section 338 of the Tariff Act of 1930 to target Canada—as an untested route with potentially broad reach. Previous efforts under IEEPA and Section 301 were blocked or challenged, and the Supreme Court has signaled limits on unilateral tariffs, leaving the fate of this plan uncertain in courts, even as a 50% tariff on Canadian autos is floated for 2027.

Trump Revives Hoover-Era Tariff Tactic, Sparking Debate on 1930s Policy
economy1 month ago

Trump Revives Hoover-Era Tariff Tactic, Sparking Debate on 1930s Policy

Trump has revived a rarely used provision—Section 338 of the 1930 Smoot-Hawley Tariff Act—to justify new tariffs on Canadian imports, a move historians and economists say echoes the protectionist era that helped trigger the Great Depression. The White House insists the action is narrow and targeted, not a repeat of Hoover's broad tariffs, but legal experts are divided and warn the measure could face challenges; if courts validate Section 338, the administration could apply tariffs to additional countries.

Trump’s 50% Canada Tariffs Test Resolve as Talks Stall
politics-and-government1 month ago

Trump’s 50% Canada Tariffs Test Resolve as Talks Stall

Trade lawyers say Trump’s plan to impose 50% tariffs on Canadian goods should be treated as a credible threat, with a 30-day window before duties could take effect, and no formal talks yet scheduled to avert them. While officials say discussions are possible, analysts warn a resolution is unlikely amid a strained US-Canada relationship, and the tariffs could apply to goods previously exempt under USMCA; the legality under Section 338 remains unresolved. Businesses should prepare for short-term costs but not rush to overhaul supply chains pending any talks.

Trump hits Canada with 50% tariffs on a wide range of imports
business1 month ago

Trump hits Canada with 50% tariffs on a wide range of imports

President Trump has imposed 50% tariffs on a broad range of Canadian imports—nearly $20 billion of goods, including wine, hockey sticks, cement, dairy and more—set to take effect in 30 days. The tariffs rely on Section 338 of the Tariff Act of 1930, targeting what Washington says is discriminatory treatment against US products. They apply regardless of USMCA/CUSMA status, though oil, gas, critical minerals, potash, and goods already under sector-specific tariffs are exempt. Canada has signaled retaliation and a push to modernize CUSMA, while the US cites a sizable 2025 trade deficit with Canada as motivation for the move.