New tariffs could allow Trump to make levies permanent without going to Congress — ‘he’s trying every side door and every unlatched window to get in’

The Trump administration has imposed double-digit tariffs on more than 60 countries, using a legal justification that permits the president to levy import taxes and other sanctions against countries found to engage in “unjustifiable,” “unreasonable” or “discriminatory” trade practices. The new tariffs announced in recent days take effect just as temporary 10% worldwide tariffs expired, and critics say they are less about cracking down on forced labor than they are a way to replace those tariffs. The expired tariffs were themselves a temporary replacement for worldwide tariffs the Supreme Court struck down in February.

The tariffs were levied on countries that the U.S. says either don’t have or don’t effectively enforce a forced-labor import ban.

The affected countries, which account for 99% of U.S. imports, were quick to protest, calling the Trump administration’s claims unfounded and arbitrary, as nations with vastly different records on forced labor received the same tariff level.

The U.S. spent four months investigating but gave few details on how it arrived at the tariff rates, which are either 10% or 12.

5%. Sidestepping Congress The tariffs were levied under Section 301 of the Trade Act of 1974 on countries that the U.S.

determined had failed “to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.” During President Donald Trump ‘s first term, he cited Section 301 to impose sweeping tariffs on Chinese imports amid a dispute over the sharp-elbowed tactics Beijing was using to challenge America’s technological dominance. The U.

S. is also using 301 powers to counter what it calls unfair Chinese practices in the shipbuilding industry. “The 301s allow a permanent tariff without going to Congress to settle the dispute,” said Barry Appleton, a law professor and co-director of New York Law School’s Center for International Law.

“That’s what all of this is about. The president doesn’t want to knock on the front door of Con