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Trump Administration Finds New Path for Tariffs After Court Loss

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Nate Gregory
Published Apr 6, 2026
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A large brown law book, a judge’s gavel, and eyeglasses rest on a wooden desk in an office setting—suggesting the aftermath of a court loss involving Trump Administration tariffs.
Summary:
  • Supreme Court killed first tariff plan in February.
  • Administration launched new Section 301 investigations in three weeks.
  • New version has no time or cost limits - covers 60-70% of U.S. imports.

When courts killed Trump's first tariff plan in February, the administration didn't quit. They found a new legal tool in three weeks. The speed is striking.

The USTR launched Section 301 investigations into 16 major trading partners on March 11.

By March 12, they opened a second probe covering 60 countries. The deadline is July 24 - less than four months away.

The Old Plan Failed, New Plan Is Ready

The first tariff law had a hard cap: 15% maximum for 150 days. Courts shut it down fast.

Section 301 works different. No time limit. No cost cap.

Tariffs can stay forever and rise as high as the government wants. One probe targets countries making too much stuff and selling it cheap in America. The second looks at forced labor in supply chains.

Treasury Secretary Bessent told investors tariffs return by August, just using new legal powers.

The Scale Is Huge

The excess stuff probe covers 60-70% of US imports. The labor probe covers 80-90% or more. This hits nearly everything America buys from outside.

China, the E.U., Japan, India, Mexico, Canada, Vietnam - all in the crosshairs.

Business groups and 24 states sued already. But the government thinks Section 301 holds up better in court than the old law. Either way, tariffs return - probably bigger than before.

What to Watch

July 24 is the deadline. When the USTR announces final tariffs, markets swing hard. Importers rush to buy before tariffs start. Companies scramble to find new sources or accept higher costs.

The real pain hits this summer.

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