Following the Supreme Court decision striking down the IEEPA tariffs, U.S. Trade Representative Jamieson Greer vowed to use alternative tools to address many of the issues at the core of the Trump administration’s trade policy. Greer also expressed confidence that “all trade agreements negotiated by President Trump will remain in effect.”
USTR’s statement indicates that the administration “will take the following actions in short order to ensure continuity in reaching these goals and as part of our negotiated agreements with numerous trading partners”.
- Initiate new Section 301 investigations. The administration intends to initiate several investigations under Section 301 of the Trade Act of 1974 to deal with unjustifiable, unreasonable, discriminatory, and burdensome acts, policies, and practices by many U.S. trading partners. These investigations are expected to cover most major trading partners and to address 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 administration intends to conduct these investigations on an “accelerated timeframe”.
- Continue ongoing Section 301 investigations. The administration intends to continue ongoing Section 301 investigations, including those involving China and Brazil. USTR indicates that if these investigations conclude that there are unfair trading practices and that responsive action is warranted, “tariffs are one tool that may be imposed.”
- Continue ongoing Section 232 investigations. The administration intends to maintain the tariffs currently imposed under Section 232 of the Trade Expansion Act of 1962 and to conclude its ongoing Section 232 investigations.
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