Since his return to office, President Trump has imposed or raised tariffs on goods imported from nearly all major U.S. trading partners. The President claimed he acted under legal authorities such as the International Emergency Economic Powers Act (IEEPA) Section 232 of the Trade Expansion Act of 1962, which authorize the President to protect national security. While there are ongoing court challenges, the President has other legal authorities delegated by Congress – Section 301 of the Trade Act of 1974, Section 122 of the Trade Act of 1974, Section 338 of the Tariff Act of 1930, and Section 201 of the Trade Act of 1974. The President is likely to continue to impose, raise and lower tariffs despite the outcome of ongoing litigation.
Higher tariffs and unpredictable rates have increased costs and uncertainty for businesses, especially for small businesses. If courts overturn tariffs, companies will seek refunds for the tariffs they paid. Others will continue to push for changes to policies or tariff exclusions for products that cannot be produced in the U.S. in sufficient quantity or quality.
While raising tariffs, the President has also pursued trade deals to reduce trade deficits, to rebalance trade relationships to be more favorable to the United States, to open new markets for U.S. exporters, and to strengthen geopolitical alliances. Frameworks for deals have been reached with the European Union, Japan, South Korea, the United Kingdom, and Vietnam, among others. Countries have made purchase commitments to the U.S. in areas including agricultural goods, energy, and manufactured such as commercial aircraft. Some countries have also committed to invest billions in the United States including to develop energy, AI infrastructure, and manufacturing. Upon achieving deals, the President generally commits to reducing initially proposed tariff rates, while maintaining an overall increase in tariff rates. The frameworks for deals will need to be put in writing. There will be many outstanding issues as the Trump administration and countries seek to implement the trade deals and tariffs could be reimposed on raised.
Neil Hill Global helps clients navigate the maze of evolving trade policies and tariffs. We advocate for clients before Congress and federal agencies, developing legislative, regulatory, and political strategies that support their business goals and reduce any potential negative impacts of changing trade policies.