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Section 301 Architect Says Trump Is Misusing US Tariff Law

The plaintiffs say the duties cover 99.4% of U.S. imports and were imposed without properly establishing forced-labor cases.

  • Spice importer Burlap & Barrel and rare watch importer Collective Horology will challenge President Donald Trump's tariffs on Wednesday in the Court of International Trade in New York City, arguing the administration failed to properly establish forced-labor cases against trading partners.
  • After the Supreme Court struck down previous IEEPA tariffs in February, the administration imposed 10% or 12.5% duties on 99.4% of imports, claiming the new levies combat forced labor in 60 economies.
  • Represented by the Liberty Justice Center, plaintiffs allege the administration exceeded its authority under Section 301 of the Trade Act of 1974, calling the tariffs "arbitrary and capricious" due to "generalized assertions" of economic harm.
  • Roughly $166 billion in IEEPA refunds remain pending while businesses pay new duties, forcing companies to loan working capital to the government, according to Liberty Justice Center CEO Sara Albrecht.
  • Trade expert Wolff, who helped draft the forced labor statute, argues Section 301 was designed for narrow retaliation against single countries, not broad application to 60 economies, calling the administration's use "pretextual.
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Nebraska ExaminerNebraska Examiner
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Trump used impossible foreign labor standards as tariff workaround, small businesses say

WASHINGTON — Small businesses will once again challenge President Donald Trump’s tariffs in federal court this week as they continue to feel the squeeze of the administration’s roller coaster policy on import taxes. Spice importer Burlap & Barrel and rare watch importer Collective Horology will argue Wednesday in the Court of International Trade in New […]

Alan Wolff, who drafted the initial version of the provision that became Section 301 of the 1974 Trade Act, argues that the White House unduly extended that authority to impose tariffs on dozens of countries. A court hearing scheduled for September 30 will test that argument and the scope of the president’s commercial power.

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DiarioBitcoin broke the news on Monday, September 28, 2026.
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