So I decided instead of waiting for a human to give me an opinion, I'd ask an AI about the 3 Laws Kavanaugh stated Trump could use to impose tariffs and what powers that would give him, which I will then filter back to all of you through my meat processor:
Trade Expansion Act of 1962( Section 232) sets up a process that allows the President to impose tariffs or import restrictions if the Department of Commerce and
Defense War deems there is a threat to US national security. The Department of Commerce has to conduct an investigation and allow for public input when appropriate, but the only time limits are on ceilings on the President responding to the that investigation and informing Congress. This one is used on metals and vehicles.
Trade Act of 1974 (Section 122) allows the President to impose temporary tariffs, maximum of 15% for 150 days unless extended by Congress, to address inequity in the currency exchange of another country if I reading this correctly (
"large and serious" U.S. balance-of-payments deficits, prevent imminent dollar depreciation, or correct international payments disequilibria). Never been used.
Trade Act of 1974 (Section 201) allows the President to impose a Tariff if a surge of imports injure or threated to injure a U.S. domestic industry. The US International Trade Commission gets up to 3 months to give a report to the President, who then can increase standing Tariffs up to 50% for 4 years, but they have to be phased down over the run if it lasts longer than a year. Has been used on solar cells and appliances.
Trade Act of 1974 (Section 301) allows the President, through the US Trade Representative, to impose tariffs to enforce US trade agreements or address any action by a foreign government that impacts US commerce. The US Trade Representative determines if the action is mandatory(required by a trade agreement) or discretionary(for unreasonable foreign practices). There is no cap on the Tariff rate, limit to 4 years but can be extended by the US Trade Representative. This has been used a lot, and I suspect how Trump will be moving forward on Tariffs.
This is the top of the US Trade Representative government webpage, so I think it's safe to say this guy is in Trumps corner.
Trade Act of 1930 (Section 338 ) allows the President to impose tariffs on goods from foreign countries that unfairly restricts US Goods differently from other nations. The tariffs can not exceed 50% of the value of the item. It has never been used but has been threatened before, and is fully under the purview of the President to enact and suspend as needed. Most likely this is how Trump will continue forward on using Tariff negotiations, he just won't be able to go above 50%.
