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Trump's Tariffs on 60 Countries Adopt Method Justice Brett Kavanaugh Laid Out in SCOTUS Ruling

10 hours ago 1

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John Roberts, chief justice of the US Supreme Court, from left, Elena Kagan, associate jusJacquelyn Martin/AP/Bloomberg via Getty Images

The tariffs that President Donald Trump imposed on 60 countries Thursday night utilize one of the mechanisms that Supreme Court Justice Brett Kavanaugh laid out in the dissent of February’s Supreme Court ruling striking down Trump’s Liberation Day tariffs.

Trump imposed the latest tariffs, ranging from 10-12.5 percent, under Section 301 of the Trade Act of 1974. They follow an investigation under Section 301 finding failure to prevent the importation of goods as a result of forced labor in the respective countries.

Section 301 of the Trade Act of 1974 is one of the pathways forward that Kavanaugh highlighted in the dissent when the Supreme Court struck down Trump’s worldwide International Emergency Economic Powers Act (IEEPA), which he imposed on April 2, 2025.

Kavanaugh wrote:

Although I firmly disagree with the Court’s holding today, the decision might not substantially constrain a President’s ability to order tariffs going forward. That is because numerous other federal statutes authorize the President to impose tariffs and might justify most (if not all) of the tariffs at issue in this case — albeit perhaps with a few additional procedural steps that IEEPA, as an emergency statute, does not require. Those statutes include, for example, the Trade Expansion Act of 1962 (Section 232); the Trade Act of 1974 (Sections 122, 201, and 301); and the Tariff Act of 1930 (Section 338). In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs.

The rate for each country is as follows, per Trump’s memorandum:

  1. Algeria: 12.5 percent
  2. Angola: 12.5 percent
  3. Argentina: 10 percent
  4. Australia: 12.5 percent
  5. The Bahamas: 12.5 percent
  6. Bahrain: 12.5 percent
  7. Bangladesh: 10 percent
  8. Brazil: 12.5 percent
  9. Cambodia: 10 percent
  10. Canada: 10 percent
  11. Chile: 12.5 percent
  12. China, People’s Republic of
  13. Colombia: 12.5 percent
  14. Costa Rica: 12.5 percent
  15. Dominican Republic: 12.5 percent
  16. Ecuador: 10 percent
  17. Egypt: 12.5 percent
  18. El Salvador: 10 percent
  19. European Union: 10-12.5 percent
  20. Guatemala: 10 percent
  21. Guyana: 12.5 percent
  22. Honduras: 10 percent
  23. Hong Kong, China
  24. India: 10 percent
  25. Indonesia: 10 percent
  26. Iraq: 12.5 percent
  27. Israel: 12.5 percent
  28. Japan: 10-12.5 percent
  29. Jordan: 10 percent
  30. Kazakhstan: 12.5 percent
  31. Kuwait: 12.5 percent
  32. Libya: 12.5 percent
  33. Malaysia: 10 percent
  34. Mexico: 10 percent
  35. Morocco: 12.5 percent
  36. New Zealand: 12.5 percent
  37. Nicaragua: 12.5 percent
  38. Nigeria: 12.5 percent
  39. Norway: 12.5 percent
  40. Oman: 12.5 percent
  41. Pakistan: 10 percent
  42. Peru: 12.5 percent
  43. Philippines: 12.5 percent
  44. Qatar: 12.5 percent
  45. Russia: 12.5 percent
  46. Saudi Arabia: 12.5 percent
  47. Singapore: 12.5 percent
  48. South Africa: 12.5 percent
  49. South Korea: 10-12.5 percent
  50. Sri Lanka: 10 percent
  51. Switzerland: 10-12.5 percent
  52. Taiwan: 10-12.5 percent
  53. Thailand: 12.5 percent
  54. Trinidad and Tobago: 10 percent
  55. Türkiye: 12.5 percent
  56. United Arab Emirates
  57. United Kingdom: 10 percent
  58. Uruguay: 12.5 percent
  59. Venezuela: 12.5 percent
  60. Vietnam: 12.5 percent

On February 20, hours after the court struck down his IEEPA tariffs, Trump said he would keep all Section 301 and Section 232 tariffs in place and launch additional Section 301 investigations. Those investigations commenced on March 12.

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