The Trump administration has opened a new round of tariff investigations that could lead to higher duties on at least 16 trading partners, as officials seek to rebuild a trade enforcement framework after the Supreme Court invalidated a number of the president’s second-term tariffs.

The probes, announced Wednesday by the Office of the U.S. Trade Representative, will be conducted under Section 301 of the Trade Act of 1974, a statute that allows the U.S. to impose tariffs on countries whose policies are deemed to discriminate against American commerce. The investigations require consultations with foreign governments as well as public hearings and comment periods before any new tariffs can be imposed.

The effort is intended to replace temporary global tariffs of 10% that President Donald Trump imposed last month after the Supreme Court ruled many of his earlier duties unlawful. U.S. Trade Representative Jamieson Greer said officials have not yet determined how high the replacement tariffs might be, declining to prejudge the outcome of the investigations. Administration economic officials have previously indicated they aim to generate tariff revenue comparable to levels collected before the court’s decision, the WSJ reports.

The Probes

One investigation launched Wednesday will examine what U.S. officials describe as industrial overcapacity in export-oriented economies. The administration argues that subsidies in some countries allow producers to flood global markets with underpriced goods, undermining American manufacturers. Nations likely to face scrutiny include major U.S. trading partners such as China, India, Mexico, Japan, South Korea, Vietnam and the European Union.

“Our view is that key trading partners have developed production capacity that is really untethered from the market incentives of domestic and global demand,” Greer told reporters ahead of the investigation’s release.

A second probe, expected later this week, will examine foreign policies related to forced labor. The inquiry could result in tariffs on countries that do not prohibit the sale or importation of goods produced through coerced labor. Greer said the investigation would target roughly 60 nations.

Section 301 investigations typically take months or even years to complete. Greer said the administration intends to accelerate the process and aims to finish the probes by mid-July, when the temporary tariffs are scheduled to expire.

Additional investigations could follow in the coming weeks, Greer said, potentially targeting specific countries or policy areas. Some could focus on blocs such as the European Union, while others may address issues like digital trade policies that the U.S. considers discriminatory toward American companies.

Let's Make a Deal

Many of the countries likely to be affected have already negotiated trade agreements with the U.S. during Trump’s second term in an effort to limit tariff exposure. Greer said he expects those agreements to remain in force, noting that trading partners had already anticipated some level of U.S. tariffs.

"The United States will no longer sacrifice its industrial base to other countries that may be exporting their problems with excess capacity and production to us. Today’s investigations underscore President Trump’s commitment to reshore critical supply chains and create good-paying jobs for American workers across our manufacturing sectors," said Greer in a statement. 

Trump’s earlier global duties had exempted products already covered by national-security tariffs imposed under Section 232 of the Trade Expansion Act of 1962. Greer said it is too early to determine whether the new Section 301 tariffs will include similar exemptions, though the administration wants to avoid creating additional compliance complexity for companies.

While Section 301 provides a stronger legal foundation than the emergency powers used for the tariffs struck down by the Supreme Court, the move is likely to face political scrutiny. Democrats have warned that new duties could raise costs for consumers during an election year.

“Section 301 tariffs are meant to address specific and legitimate unfair trade practices,” Senator Tim Kaine, a Virginia Democrat, said in a statement. “They should not be used to drag the United States back into a cost-raising, broad-based tariff regime now that the Supreme Court struck down President Trump’s illegal Ieepa taxes on American consumers.”

Companies will have until mid-April to submit comments related to the industrial overcapacity probe, Greer said, with public hearings scheduled for early May.

h/t Capital.news