WASHINGTON — President Donald Trump is going ahead with new double-digit tariffs on dozens of U.S. trading partners just as the clock runs out Friday on stopgap levies he imposed after a stinging defeat at the Supreme Court.
The United States will slap taxes of 10% to 12.5% on imports from 60 countries accounting for 99% of U.S. imports, charging that they have inadequately enforced bans on goods produced by forced labor.
“The United States has had a forced labor import ban for nearly a century, and rigorously enforces it; it’s well past time for our trading partners to do the same,” said U.S. Trade Representative Jamieson Greer. “Today’s action will begin to correct what is both a human rights abuse and distortive trade practice to improve the welfare of workers everywhere.
The new tariffs will take effect just as temporary 10% worldwide tariffs expire at 12:01 a.m. Friday. Trump had turned to those temporary levies after the Supreme Court struck down his biggest and boldest tariffs in February.
Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in “unjustifiable,” “unreasonable” or “discriminatory” trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.
More Section 301 tariffs are likely coming: The U.S. Trade Representative’s office has launched a probe into whether 16 countries — accounting for 70% of U.S. imports — have overproduced goods, pushing down prices and putting U.S. companies at a disadvantage in global markets. The administration has yet to complete that investigation.
Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act (IEEPA), he imposed double-digit tariffs on imports from almost every country on Earth, saying America’s longstanding trade deficit amounted to a national emergency.
But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to pay refunds to importers that had paid the tariffs.
In response, Trump announced 10% worldwide tariffs under Section 122 of the Trade Act of 1974. But he can only use Section 122 levies for 150 days; time runs out on them Friday.
The administration initially proposed the forced labor tariffs last month. Since then, some countries have tightened forced labor enforcement and qualified for lower tariffs, said a senior administration official who spoke under condition of anonymity. For example, the official said, the tariff on imports from India initially was set at 12.5% but now will be 10%.
Some products — including oil and gas and fertilizer — are exempted from the new tariffs announced Thursday. Also being spared are products that qualify for duty-free status under the US-Mexico-Canada Agreement, the North American trade pact Trump negotiated in his first term.
Tariffs are paid by companies in the United States that import foreign products. The importers usually try to pass along the cost by charging consumers higher prices. Americans are already frustrated by the high cost of living. So the administration is taking a risk in rolling out new tariffs ahead of the Nov. 3 midterm elections.
Human rights watchers say that it’s reasonable to be skeptical of the motivation behind the tariffs. But they say the levies could make an impact on the problem of forced labor.
Forced labor is defined by the International Labor Organization Forced Labor Convention of 1930 as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself (or herself) voluntarily.”
According to the latest statistics from the ILO, which is a U.N. agency focused on human and labor rights, about 27.6 million people were in forced labor worldwide on any given day in 2021.
“We’ve gone on record for years now advocating for import bans, not as a magic bullet, it’s not a silver bullet, but as a potentially effective tool in combating forced labor across the globe,” said Martina Vandenberg, founder and president of The Human Trafficking Legal Center.
“It’s possible to be extremely critical of tariffs, as we are, and to be very concerned about blanket tariffs used as bludgeons against countries,” she said. “And yet I think it’s undeniable that there is a significant response in terms of the adoption of import bans.”
However Vandenberg and her organization urged in testimony that the tariffs be implemented in a phased approach to give countries time to implement a ban or a plan for enforcement.
“Our concern is that the import bans will be thin slips of paper with no enforcement,” she said. “Countries need time to build import ban mechanisms that are meaningful and enforceable.”
Kenya Davis, partner at Boies Schiller Flexner, said the Uyghur Forced Labor Prevention Act, a U.S. federal law passed in 2021 that prohibits the importation of goods made wholly or in part in China’s Xinjiang region or by designated entities, is the most significant legislation related to forced labor that the U.S. has passed before the tariffs.
“The level of effectiveness is certainly up for debate, but it certainly has drawn attention to the issue of labor trafficking and forced labor,” she said. “And so, if nothing else, these import bans will serve that function of bringing greater awareness to forced labor.”
But without a “comprehensive approach,” that provides transparency about what the investigations consisted of, and programs that provide countries aid in enforcing bans, “I’m very cautious in my enthusiasm about the (tariffs),” she said.
Isabelle Glimcher, senior research scientist for global labor at the NYU Stern Center for Human Rights, said one flaw in the tariffs is that they focus on levying the tax on countries based on goods they import — not goods they make domestically.
But she said the impending tariffs threat has spurred several countries — such as India — to amend their foreign trade policies to include a forced labor import ban. European Union forced labor regulations due to go into effect later next year are also contributing, she said.
“Not all of these things are necessarily or wholly attributable to the Section 301 investigations, but does seem like countries are responding and starting to take all of this seriously,” she said.
