Yuyuantan Sky: It is becoming increasingly difficult for the U.S. to impose tariffs on foreign products through the IEEPA route

Yuyuantan Tian posted that, currently, it is becoming increasingly difficult for the United States to impose tariffs on foreign products through the IEEPA pathway. The U.S. Supreme Court has ruled that the power to levy and collect taxes, tariffs, import duties, and excise taxes belongs to Congress. While the IEEPA grants the President the authority to address “unusual and extraordinary” foreign threats after declaring a national emergency, it does not explicitly authorize the President to unilaterally impose tariffs during peacetime. The majority opinion also cited the “major questions doctrine,” emphasizing that any action involving significant economic and political consequences must be clearly authorized by Congress. The U.S. government has consistently claimed that even if IEEPA tariffs cannot be implemented, other laws can be invoked to impose tariffs on imported goods. However, these legal tools stipulate strict implementation conditions and prerequisites. Forcibly imposing new tariffs under different legal titles as a substitute for IEEPA tariffs will inevitably cause new harm to American businesses and consumers, potentially trigger new legal challenges, and waste judicial resources.