Donald Trump’s new tariffs are considered more legally defensible because they rely on Section 301 of the 1974 Trade Act, a provision that explicitly permits action against unfair foreign trade practices. This differs from earlier broad tariffs struck down by the Supreme Court, which had been imposed under emergency powers that did not clearly authorise tariffs; however, the new measures could still face challenges over their factual basis and implementation.

The administration imposed duties of 10% or 12.5% on imports from 60 economies, including the EU and China, alleging inadequate action against goods produced with forced labour. The US Trade Representative conducted a four-month investigation and consultation process, helping meet Section 301’s procedural requirements; tariffs imposed under the same law on China during Trump’s first term survived court challenges. The new tariffs replace a temporary 10% global levy that was due to expire on 24 July.