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Trump’s 10% Global Tariff Faces Fast-Track Court Fight as USTR Launches Wide 301 Investigations

A three-judge trade court hearing on April 10 will determine whether the temporary surcharge survives its first major legal test.

Overview

  • The Court of International Trade set an expedited schedule, requiring a government response by April 3 and convening a three-judge panel on April 10 to hear challenges from 24 states and small businesses seeking an injunction.
  • President Trump imposed a 10% near-global surcharge under Section 122, citing a balance‑of‑payments problem, and has indicated it could rise to 15% within the statute’s 150‑day limit.
  • U.S. Trade Representative Jamieson Greer opened Section 301 probes into structural excess capacity in 16 economies, with public comments due April 15 and hearings beginning May 5, and signaled a separate forced‑labor investigation spanning more than 60 countries.
  • The Supreme Court’s February ruling struck down the prior tariff scheme and did not endorse Section 122, despite the president’s claims that the decision validated alternative authorities.
  • Senators Tim Kaine and Raphael Warnock introduced the Reclaim Trade Powers Act to repeal Section 122, arguing the provision is outdated and misapplied.