Can Section 301 effectively replace IEEPA? That is the $166 billion question

Econographics

June 3, 2026 • 11:52 am ET

Madeline Chalecki

Since the Supreme Court struck down the tariffs implemented under the International Emergency Economic Powers Act (IEEPA) in February, the Trump administration has not backed down from its high tariff ambitions. Instead, it is looking to reconstruct the tariff wall through a sweeping expansion of investigations under Section 301 of the Trade Act of 1974—covering sixty economies and targeting forced labor and structural excess capacity.

While that effort is underway, the administration has enacted a 10 percent surcharge on all imports into the US under Section 122 of the Trade Act of 1974. Yet this provision only provides temporary authority and is set to expire on July 24 unless reauthorized by Congress.