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15% tariff for 150 days: Trump admin prepares 'Plan B' after court ruling
15% tariff for 150 days: Trump admin prepares 'Plan B' after court ruling

Business Standard

time4 days ago

  • Business
  • Business Standard

15% tariff for 150 days: Trump admin prepares 'Plan B' after court ruling

The Trump administration is preparing a legal 'Plan B' to maintain its sweeping tariffs after a US court ruled that the president overstepped his authority by using emergency economic powers to impose them. The new approach would rely on provisions under the Trade Act of 1974, starting with a temporary 15 per cent tariff for 150 days, followed by more targeted duties using a separate clause aimed at unfair trade practices, The Wall Street Journal reported on Friday. The backup plan comes after a federal appeals court on Thursday allowed the existing tariffs to remain in place while the administration challenges the lower court's ruling. However, because the legal basis for the policy is uncertain, officials are now looking at other ways to protect the president's trade agenda. Trump admin's 'Plan B' follows a two-step approach To do this, the Trump administration would need to apply a two-step approach. The first move would involve invoking a never-before-used provision: Section 122 of the Trade Act of 1974. This Act permits short-term tariffs of up to 15 per cent for 150 days to address trade imbalances. This stopgap would buy time to implement a longer-term solution under Section 301, which requires a more detailed process but is seen as more legally sound. Officially, no new announcement on tariffs has been made; however, White House officials have confirmed that alternatives are being considered. Press Secretary Karoline Leavitt said the administration is weighing other legal avenues as it appeals the court's decision, though she did not elaborate. Peter Navarro, senior trade adviser, appeared to confirm the two-pronged approach and also suggested the administration could explore other trade laws, including the Smoot-Hawley Tariff Act of 1930 and provisions linked to national security. 15 per cent tariffs for 150 days possible under US law Legal experts confirmed to The Wall Street Journal that the proposed Plan B is more 'defensible' than the existing approach, which was based on the International Emergency Economic Powers Act (IEEPA), a law never before used to impose tariffs. The US Court of International Trade on May 28 ruled that Trump's use of IEEPA to address trade deficits was unlawful. The court found that the law does not permit the president to levy wide-ranging import duties without congressional approval. However, on May 29, a federal appeals court allowed the tariffs to remain in place temporarily while the Trump administration appeals the decision. Despite the court setback, the administration believes shifting to other statutory tools could preserve tariff continuity and maintain leverage in ongoing trade negotiations. Some analysts say the court ruling might even open the door to a broader US–EU trade deal by removing one of the major points of tension.

Trump's team plots plan B for imposing tariffs
Trump's team plots plan B for imposing tariffs

Mint

time5 days ago

  • Business
  • Mint

Trump's team plots plan B for imposing tariffs

President Trump's trade team is readying its plan B. The administration's tariff strategy was undermined when a court this week found it was illegal for Trump to impose sweeping duties by using emergency economic powers. A federal appeals court on Thursday allowed his duties to stay in effect while the administration's appeal moves forward, but U.S. officials are weighing their options should they need to find a new legal authority to impose the president's steep tariffs, which he argues will help rebalance trade in America's favor. The potential pivot reflects the challenges to Trump's aggressive trade policy, which relied on a novel interpretation of trade law. Typically, tariffs are imposed using targeted authority delegated to the president by Congress, but Trump's team relied on little-used emergency powers to impose the bulk of his wide-ranging second-term tariffs quickly. With that strategy under threat, the president's team is weighing a twofold response, according to people familiar with the matter. First, the administration is considering a stopgap effort to impose tariffs on swaths of the global economy under a never-before-used provision of the Trade Act of 1974, which includes language allowing for tariffs of up to 15% for 150 days to address trade imbalances with other countries, the people said. That would then buy time for Trump to devise individualized tariffs for each major trading partner under a different provision of the same law, used to counter unfair foreign trade practices. That second step requires a lengthy notification and comment process, but is seen by administration officials as more legally defensible than the tariff policy that was found to be illegal this week. The alternative provision has been used many times in the past, including for Trump's first-term tariffs on China. Peter Navarro, senior counselor for trade and manufacturing, is floating alternative strategies. The conversations remained fluid, and the administration hadn't made a final decision, the people added. The administration could wait to implement any alternative plans after the federal appeals court allowed Trump's emergency tariffs to stay in place during the appeals process. The White House and the Office of the U.S. Trade Representative didn't respond to requests for comment. Karoline Leavitt, the White House press secretary, said Thursday that the administration is weighing other options to impose tariffs as it appeals the court rulings, but she didn't give specifics. Peter Navarro, senior counselor for trade and manufacturing, appeared to confirm that the administration is considering a twofold alternative tariff plan, which would first use Section 122 of the 1974 trade law, and then Section 301. 'Those are the kinds of thoughts" the economic team is considering, he said when asked about those provisions on Bloomberg TV. Navarro also suggested that the administration could use the Smoot-Hawley Tariff Act of 1930, which has a provision that allows for tariffs on nations that discriminate against America. The U.S. could also expand the use of tariffs imposed citing national-security concerns. All of the options under consideration now were discussed in the early weeks of the administration, but officials opted to instead impose tariffs under the International Emergency Economic Powers Act, also known as IEEPA. The law had never been used before to impose tariffs but allowed the administration to move quickly to impose levies on virtually every global trading partner. In its decision Wednesday, the U.S. Court of International Trade struck down Trump's use of IEEPA to address trade deficits. In doing so, the court pointed to Section 122, the measure Trump's team is now weighing as a stopgap policy, saying part of federal law already grants explicit authority to address 'large and serious balance-of-payments deficits." Pivoting to a different tariff authority could pose risks. If the administration moves to use a different law, that could be seen by courts as admitting defeat in ongoing appeals in the IEEPA case. 'The administration could quickly turn to other tariff authorities, but doing so while the ruling is under judicial review could be seen as a lack of confidence in the final decision," said Everett Eissenstat, who served as deputy director of the National Economic Council in Trump's first term. Trump's alternative plan would likely still face legal challenges, said Peter Harrell, who served as senior director for international economics on the Biden administration's National Security Council. But both elements are on firmer legal ground than the IEEPA tariffs, he said. The Court of International Trade 'seemed to indicate that Section 122 is how you'd address a trade deficit," Harrell said. Section 301, he added, has a long case law history, and action under that provision would likely be upheld as long as the Trump administration can point to unfair trade practices from each targeted nation. In all, the plan is 'certainly more defensible than the IEEPA tariffs," he said. Trump's potential alternative tariff plan has an advantage: Using another law to reimpose the tariffs could smooth over any interruptions in tariffs because of the court's ruling, preserving Trump's leverage in ongoing trade talks. In a filing asking for an emergency stay on the Court of International Trade's decision, the administration said the ruling 'jeopardizes ongoing negotiations with dozens of countries by severely constraining the President's leverage and undermining the premise of ongoing negotiations." That appeared to contradict National Economic Council Director Kevin Hassett, who insisted Thursday that trade negotiations will continue unabated and that three deals are close to being completed. Navarro similarly said that 'nothing has really changed." The ruling on Wednesday came days after the president threatened to impose 50% tariffs on the European Union and then quickly pulled back to allow for negotiations until July 9—a deadline now thrown into question. A rise in global stocks supports the EU's argument that tariffs aren't good for anyone, Spanish Minister of Economy Carlos Cuerpo said Thursday. He said the bloc is taking 'a constructive approach to reaching an agreement and, if possible, even reducing barriers" below pretariff dispute levels. Some analysts said the ruling could ease the path for a trade deal between the U.S. and EU by removing, if the decision survives Trump's appeal, a key sticking point from the negotiations. Ignacio García Bercero, a former EU trade official, said that removing the U.S.'s 10% tariff on European imports and the threat of further across-the-board tariffs would allow trade negotiators to focus instead on the U.S.'s sectoral tariffs on such industries as steel and automobiles. Those were implemented on national-security grounds, not using the economic-powers law, and will be unaffected by the continuing court battle. 'If there's a more pragmatic attitude from the United States and also, of course, from the European Union, one would have the opportunity to try to use this to find a more balanced type of agreement that is in the interest of both sides," he said. Write to Gavin Bade at and Kim Mackrael at

How Trump's Trade Policies Are Redefining Portfolio Risk For Investors
How Trump's Trade Policies Are Redefining Portfolio Risk For Investors

Forbes

time30-04-2025

  • Business
  • Forbes

How Trump's Trade Policies Are Redefining Portfolio Risk For Investors

WASHINGTON, DC - APRIL 02: U.S. President Donald Trump holds up a chart while speaking during a ... More 'Make America Wealthy Again' trade announcement event in the Rose Garden at the White House on April 2, 2025 in Washington, DC. Touting the event as 'Liberation Day', Trump is expected to announce additional tariffs targeting goods imported to the U.S. (Photo by) April 2025 emerged as a pivotal moment for financial markets, fundamentally reshaping how investors perceive and manage portfolio risk. Marked by unprecedented policy shifts, soaring volatility, and a rare synchronized plunge in stocks and bonds, the month rivaled the chaos of the 2008 global financial crisis and the 2020 COVID-19 crash. From a historic VIX spike to gold's unexpected resilience, these events exposed vulnerabilities in traditional diversification strategies and hinted at a potential secular shift in global markets. Here's a detailed look at what unfolded, why it mattered, and how it redefined risk for investors moving forward. The turmoil began on April 2, 2025, dubbed 'Liberation Day,' when President Donald Trump unveiled an ambitious tariff plan with rates as high as 125% on imports from countries like China, as reported by The Associated Press. The proposal, one of the most aggressive trade policies since the Smoot-Hawley Tariff Act of 1930, promised to reshape global trade dynamics. Volatility surged as Wall Street's 'fear index,' the VIX, soared to levels unseen since the 2008 crisis and 2020 pandemic crash, according to Investopedia, peaking on April 8, 2025. The S&P 500 plummeted 18.9% from its February 2025 high by April 8, while the tech-heavy Nasdaq entered bear market territory, dropping 26.7% from its December 2024 peak by April 7. This rare breakdown in the negative correlation between equities and fixed income upended the risk-mitigation assumptions of diversified portfolios, leaving investors exposed to unprecedented losses. Compounding the challenge, bonds—typically a safe haven during equity market turmoil—failed to provide relief. The aggressive tariff plan fueled fears of inflation and reduced global demand for U.S. Treasuries, as foreign investors anticipated trade disruptions and higher borrowing costs. This drove yields on the 10-year Treasury note from 4.01% on April 4 to 4.48% by April 11, causing bond prices to plummet and eroding their role as a hedge, before yields settled at 4.23% by April 28. Why did bonds falter? Foreign governments and central banks, wary of U.S. economic nationalism, appeared to reassess their reliance on U.S. Treasuries. While foreign holdings of U.S. debt rose from $8.527 trillion in January 2025 to $8.817 trillion in February, according to U.S. Treasury Department data, some countries—like China and Russia—accelerated diversification into assets like gold, signaling caution. Amid the chaos, gold shone as a bright spot. Rallying since November 2024, the precious metal peaked at just over $3,500 on April 22. Driven by demand from institutional investors and central banks, gold's rally underscored its value as a non-correlated asset that thrives amid geopolitical and economic uncertainty. For portfolios battered by stock and bond losses, gold offered a critical hedge, highlighting its growing relevance in risk-conscious strategies. The events of April 2025 raise profound questions about the U.S. economy and its role in global markets. The synchronized decline in stocks and bonds has challenged the traditional 60/40 portfolio, forcing investors to rethink diversification. The possibility of reduced global reliance on U.S. assets, evidenced by central bank gold purchases, introduces risks to the dollar's status as the world's reserve currency. As markets head into the typically quieter summer months, uncertainty persists, with tariff implementation details, retaliatory trade measures, and Federal Reserve policy decisions poised to drive volatility. To navigate this new risk environment, investors should consider reallocating to assets less tied to U.S. markets, such as gold for its stability, commodities for inflation protection, or select emerging market equities in countries less exposed to tariff fallout. Hedging currency risk and prioritizing liquidity will also be key as global trade dynamics evolve. April 2025 will stand as a defining chapter in financial history, not only for its market turmoil but for its profound impact on portfolio risk management. The synchronized collapse of stocks and bonds, coupled with gold's rise and questions about the dollar's dominance, has upended conventional investment wisdom. As uncertainties linger—driven by trade policies, central bank maneuvers, and geopolitical shifts—investors must adapt to a new risk landscape. Diversifying into assets like gold, commodities, or select emerging markets, while closely tracking global developments, will be critical. Whether April's upheaval marks the dawn of a broader secular shift remains uncertain, but it has undeniably redefined how investors approach risk in an unpredictable world.

Letters to the Editor: What history can teach us about President Trump's tariffs
Letters to the Editor: What history can teach us about President Trump's tariffs

Yahoo

time27-04-2025

  • Business
  • Yahoo

Letters to the Editor: What history can teach us about President Trump's tariffs

To the editor: Contributor Veronique de Rugy's essay on the parallels between President Trump's tariff idiocy and the economic calamity that followed the Smoot-Hawley Tariff Act of 1930 was brilliant and apposite ('Economic nostalgia woos voters, but it leads to terrible policies,' April 24). As ever, we learn nothing from history. Imposing tariffs is a game two can — and will — play. She could have added that more than 1,000 economists signed a petition warning President Hoover of the dangers of the act, imploring him to veto it. Henry Ford made a personal visit to the White House, calling the bill "economic stupidity." J.P. Morgan's chief executive, Thomas Lamont, wrote that he 'almost went down on my knees to beg Herbert Hoover to veto the asinine Hawley-Smoot Tariff.' While Hoover himself called the bill "vicious, extortionate and obnoxious," he signed it anyway, saying it was his duty to the Republican Party. It didn't take long for other countries to retaliate with their own tariffs, turning a recession into the Great Depression and victimizing the very people it was supposed to protect. Sound familiar? Spencer Grant, Laguna Niguel This story originally appeared in Los Angeles Times.

Letters to the Editor: What history can teach us about President Trump's tariffs
Letters to the Editor: What history can teach us about President Trump's tariffs

Los Angeles Times

time27-04-2025

  • Business
  • Los Angeles Times

Letters to the Editor: What history can teach us about President Trump's tariffs

To the editor: Contributor Veronique de Rugy's essay on the parallels between President Trump's tariff idiocy and the economic calamity that followed the Smoot-Hawley Tariff Act of 1930 was brilliant and apposite ('Economic nostalgia woos voters, but it leads to terrible policies,' April 24). As ever, we learn nothing from history. Imposing tariffs is a game two can — and will — play. She could have added that more than 1,000 economists signed a petition warning President Hoover of the dangers of the act, imploring him to veto it. Henry Ford made a personal visit to the White House, calling the bill 'economic stupidity.' J.P. Morgan's chief executive, Thomas Lamont, wrote that he 'almost went down on my knees to beg Herbert Hoover to veto the asinine Hawley-Smoot Tariff.' While Hoover himself called the bill 'vicious, extortionate and obnoxious,' he signed it anyway, saying it was his duty to the Republican Party. It didn't take long for other countries to retaliate with their own tariffs, turning a recession into the Great Depression and victimizing the very people it was supposed to protect. Sound familiar? Spencer Grant, Laguna Niguel

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