In a recent Business Insider article, Thompson Coburn International Trade partner Robert Shapiro explored the alternative avenues President Trump could use to implement tariffs without needing congressional support.
One potential route is Section 122 of the Trade Act of 1974, also known as the Balance of Payments Act.
“Section 122 is probably going to be a top pick,” said Robert. “That gives Trump some vehicle, but it’s a limited 15% for 150 days, and then he has to go to Congress.”
He added, “That would open the door for Congress to pass a whole bunch of trade actions, but the administration obviously didn’t want to go through that first.”
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