On February 20, 2026, in response to the U.S. Supreme Court’s ruling that tariffs under the International Economic Emergency Powers Act (IEEPA) are illegal (see Thompson Hine Update of February 20, 2026), Ambassador Jamieson Greer, the U.S. Trade Representative, issued a statement that the decision “affects [only] one element of the Administration’s” trade policy. He noted that the Trump administration “has cautioned foreign trading partners and the business community that if the Supreme Court were to limit the President’s authority to impose tariffs under IEEPA, alternative tools would be implemented to address many of the issues at the heart of the President’s reciprocal tariff program.”
As a result, Ambassador Greer announced that the Trump administration will take the following actions “to ensure continuity in reaching these goals and as part of our negotiated agreements with numerous trading partners”:
- Immediately impose a temporary 15 percent surcharge on articles imported into the United States, pursuant to Section 122 of the Trade Act of 1974 (see Thompson Hine Update of February 23, 2026).
- Initiate several investigations under Section 301 of the Trade Act of 1974 (“Section 301”) to address unjustifiable, unreasonable, discriminatory, and burdensome acts, policies, and practices by many trading partners. These investigations will cover most major trading partners and areas of concern such as industrial excess capacity, forced labor, pharmaceutical pricing practices, discrimination against U.S. technology companies and digital goods and services, digital services taxes, ocean pollution, and practices related to the trade in seafood, rice, and other products. The Office of the U.S. Trade Representative will conduct these investigations on an accelerated timeframe, in keeping with the Section 301 statute’s substantive and procedural requirements. If these investigations conclude that there are unfair trading practices and that responsive action is warranted, Ambassador Greer indicated that tariffs are one tool that may be used.
- Continue ongoing Section 301 investigations, including those involving Brazil and China.
- Maintain tariffs currently imposed under Section 232 of the Trade Expansion Act of 1962, and conclude ongoing investigations.