| Statutory Fallback Options for Tariffs |
|
|
|
|
|
|
Authority & Purpose |
Key Limitations & Procedures |
Time Frame for Action |
Previous Uses |
| Section 232 (Trade Expansion Act of 1962) |
Address imports that threaten national security . |
Requires Commerce Dept. investigation; no tariff rate cap; designed for specific sectors, not countries . |
Investigation must conclude within 270 days . |
Steel, aluminum, autos, copper (2018–present) . |
| Section 201 (Trade Act of 1974) |
Provide temporary relief for domestic industries injured by surge in imports . |
Requires USITC investigation with public hearings; tariff capped at 50% ; max duration 8 years with phase-down . |
USITC has 180 days after petition to report . |
Solar panels, washing machines (2018) . |
| Section 301 (Trade Act of 1974) |
Respond to foreign countries' discriminatory or unfair trade practices . |
Requires USTR investigation with public comment; no tariff rate cap; duties terminate after 4 years unless renewed . |
Investigation time varies; public consultation required . |
Tariffs on China (2018), investigation into Brazil (2025) . |
| Section 122 (Trade Act of 1974) |
Address large and serious balance-of-payments deficits . |
No investigation required; tariff capped at 15% ; max duration 150 days ; Congressional approval needed to extend . |
Can be imposed immediately . |
Never used . |
| Section 338 (Smoot-Hawley Tariff Act of 1930) |
Counter foreign countries' discriminatory or unreasonable trade practices . |
No investigation required; tariff capped at 50% ; no set duration, but use would likely invite legal challenges . |
Can be imposed imm |
Never used |