Architects of US Trade Policy Turn Against Trump Over Canada Tariffs
Summary
Three former senior U.S. trade officials urged the U.S. Court of International Trade to strike down President Donald Trump’s 50 percent tariffs on Canadian goods and order refunds to importers. They argue that the administration used a 1930 law that Congress had effectively replaced with a trade law requiring investigations and public consultation.Key Facts
- Carla Hills, Alan Wolff and Warren Maruyama filed a legal brief on November 11 supporting a lawsuit against the tariffs.
- The officials argue that Section 338 of the Smoot-Hawley Tariff Act of 1930 was superseded by Section 301 of the Trade Act of 1974.
- Section 338 allows tariffs of up to 50 percent on imports from countries found to discriminate against U.S. commerce.
- The lawsuit was brought by New Jersey-based food importer Gellert Global Group, represented by the Liberty Justice Center.
- Trump announced additional 50 percent tariffs on nearly $20 billion in Canadian imports on July 20; they took effect on August 22 after a three-day delay.
- The affected U.S. imports included wine, furniture, hockey equipment, clothing and machinery.
- Canada imposed retaliatory tariffs of 15, 25 and 50 percent on U.S. imports starting September 8.
- The former officials also argue that recent Supreme Court limits on presidential tariff powers should apply to Section 338.
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