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Trump pivots on new 10% global tariff and new probes following Supreme Court setback

U.S. president Donald Trump moved quickly on Friday to replace tariffs that were struck down by the Supreme Court, with a temporary 10% worldwide import duty for 150-days and ordered new investigation under other laws which could allow him reimpose the tariffs.

Trump signed an executive order late Friday night to begin imposing new tariffs on Tuesday under Section 122 of Trade Act of 1974. This will replace tariffs of up to 50% that were imposed by the 1977 International Emergency Economic Powers Act, which the Supreme Court declared to be illegal. It also ends the collection of these now-banned tariffs.

The orders continue exemptions that were already in place, including for aeronautical products; passenger cars; some light trucks; goods imported from Mexico and Canada which are compliant with U.S. Mexico-Canada Trade Agreement; pharmaceuticals; and certain critical minerals; and agricultural products.

Scott Bessent said that the new 10% duties, and possibly enhanced tariffs, under Section 301 of the unfair practices statute, and Section 232 of the national security statute, would result in almost unchanged tariff revenues in 2026.

"We will return to the same level of tariffs for the countries." Bessent, a Fox News reporter, said that it will be less direct and a little more convoluted. The Supreme Court's decision has reduced Trump's bargaining power with trading partners.

Section 122, which has never been used before, allows the president to impose up to 15% in duties for up to 150-days on all countries in order to deal with "large and significant" balance of payment issues. This authority does not require any investigations or other procedural limitations. After 150 days the Congress would have to approve their extension.

Trump said, "We have great alternatives." "Could mean more money." Trump said that the alternative tools would allow us to take in more revenue and make us stronger.

The 10% tariff order justified the use of Section 122, noting the U.S.'s "large and serious balance-of-payments deficit" and that the situation was worsening.

The Section 122 Tariffs will expire before a final decision can be made. This is according to Josh Lipsky, International Economics Chair at the Atlantic Council in Washington.

Trump also said that his administration was initiating a number of new?country specific investigations under Section 301 of 1974's Trade Act "to protect our nation from unfair trading practices of foreign countries and companies."

The executive order instructed the U.S. Trade Representative to investigate "certain unfair and discriminatory policies, practices and acts that burden or restrict U.S. Commerce," but it did not specify any specific 'targets.

USTR has opened investigations on China, Brazil and other major trading partners such as Vietnam and Canada.

FASTER INVESTIGATIONS

Trump's move to other statutes including Section 122 while initiating new investigation under Section 301 was widely anticipated. However, these investigations have taken an average of a year.

Trump has said that the 10% tariffs will only last for five months.

When asked if the rates would end up higher in the future after more investigations, Trump replied: "Potentially." It depends. "Whatever we want them to become."

He said that some countries, which "have treated us badly for many years", could face higher tariffs. For others, "it will be very reasonable" for them.

In the wake of this ruling, the fate of dozens trade agreements to reduce IEEPA-based tariffs and negotiations with U.S. major trading partners remained uncertain. Trump did say that he expected most of these deals to be continued. He said that he expected many of the deals to continue.

Tim Brightbill of the Washington law firm Wiley Rein said that this is unlikely to have an impact on reciprocal trade agreements with our trading partners. "Most countries prefer the certainty of a deal over the chaos last year."

U.S. trade representative Jamieson Greer stated that details about new Section 301 investigation would be revealed within the next few days. She added that these investigations are "incredibly durable legally." Trump used Section 301 during his first term to impose tariffs on Chinese imports.

REFUNDS TO Be 'Litigated'

Penn-Wharton Budget Model's economists estimate that the Supreme Court's ruling could result in a refund of up to $175 billion collected as tariffs over the last?year.

When asked if he'd refund the IEEPA duty, Trump replied that the matter was likely to be litigated between two and five years. This suggests that a fast, automatic refund is unlikely.

Bessent, speaking in Dallas to business leaders, said that the Supreme Court had not provided any instructions regarding refunds. He added that those were "in dispute" and that it could take weeks, months or even years.

MORE PROCEDURES

Trump chose IEEPA last year to impose tariffs in part because of the 1977'sanctions statute', which allowed for fast and wide action with little or no restrictions. He had used it to punish countries for non-trade disputes such as Brazil's prosecution against former president Jair Bolsonaro, who was a Trump ally.

Janet Whittaker of Clifford Chance, Washington, says that while Trump's investigations may prolong tariff uncertainty, it could also bring more order to his tariff policy by forcing him rely on laws with well-understood processes, requirements for public comments and research, as well as longer deadlines.

Whittaker stated that "the administration will need to follow these processes and conduct investigations. This means for businesses more visibility in the process."

Robert Lighthizer was Trump's first-term trade chief. He said that he wanted Congress to revise old trade laws so Trump could have new tariff tools.

Lighthizer stated, "I hope they will use this opportunity to change the system." Reporting by Gram Slattery in Washington; additional reporting by Doina chiacu. Writing by David Lawder. Editing by Deepa Babington. David Gregorio, Diane Craft, and Deepa Babington.

(source: Reuters)