NEW YORK – Trump’s tariffs are headed to court — again.
Recently, two small businesses have filed lawsuits against the Trump administration over new tariffs. These tariffs, which were announced last Thursday, impose hefty taxes on imports from 60 different countries.
The tariffs are being enforced under Section 301 of the Trade Act of 1974. The Trump administration claims they are necessary because some countries are not doing enough to stop imports made using forced labor. However, critics argue that the actual goal of these tariffs is to replace previous tariffs that were invalidated by the Supreme Court earlier this year.
One of the businesses filing a lawsuit is Learning Resources, a company that creates educational toys. They were also involved in a previous lawsuit that was successful in the Supreme Court. They filed this new suit along with other small businesses in the Court of International Trade on Friday.
Another lawsuit comes from Burlap and Barrel, a spice company based in New York, and Collective Horology, a watch retailer from California. Both companies are being represented by the Liberty Justice Center, a group that advocates for free-market principles.
These lawsuits argue that the government hasn’t provided enough evidence to justify the tariffs against each country or shown how these tariffs would actually help stop the use of forced labor, which is a requirement under Section 301.
Sara Albrecht, the chairman and CEO of the Liberty Justice Center, stated, “Forced labor is morally indefensible, but an important objective does not give the government permission to ignore the law.” She pointed out that just because the administration changed the legal approach doesn’t mean they can bypass existing laws.
So far, the White House has not responded to requests for comment regarding these lawsuits.
Experts suggest that it may be more challenging to successfully challenge these new tariffs compared to past attempts. Previous tariffs imposed by Trump on China survived legal scrutiny during his first term.
According to Patrick Childress, a lawyer and former U.S. trade official, “these tariffs will be with us for the long haul.” He explained that even if countries comply with U.S. demands, they must still prove to Washington that they are enforcing those changes to have the tariffs lifted. This means there may not be a quick solution to the tariffs imposed under Section 301.
