Bessent Says Tariffs Can Be Recreated Even if Supreme Court Rules Against White House

Treasury Secretary Scott Bessent said the administration can reimpose the same tariffs using other trade laws if the Supreme Court overturns them.

By yourNEWS Media Newsroom

Treasury Secretary Scott Bessent said that even if the Supreme Court rules against the Trump administration’s tariffs, the government has the ability to reimpose the same duties under alternative trade statutes.

The high court is weighing whether the administration misapplied the International Emergency Economic Powers Act of 1977, which was used earlier this year to levy tariffs on nearly every country. In an interview with The New York Times on Dec. 3, Bessent said the administration could “recreate the exact tariff structure with [sections] 301, with 232, with 122,” referring to provisions of the 1962 Trade Expansion Act and the 1974 Trade Act. He added that the tariffs could be made permanent.

Bessent described the tariffs as a negotiating tool and said they have prompted movement from the Chinese government on fentanyl precursor production. “Because of the fentanyl tariffs, the Chinese are making the first step forward that they’ve made,” he said.

He added that countries should assume the tariffs will remain in place regardless of the court’s decision. “You should assume that they’re here to stay,” Bessent said, noting that nations benefiting from negotiated tariff reductions with President Donald Trump should honor those agreements. “Those of you who got a good deal should stick with it.”

Lower courts, including the U.S. Court of International Trade in New York and the U.S. Court of Appeals for the Federal Circuit in Washington, ruled earlier this year that Trump’s import taxes were unlawful, prompting the administration to appeal.

Some companies are seeking refunds for tariffs already paid. Costco recently filed a complaint to recover payments in advance of the Supreme Court’s ruling.

The case before the Court addresses only part of the administration’s tariff structure, as additional duties have been imposed under other authorities. Trump has already enacted tariffs under Section 232 of the Trade Expansion Act to protect industries tied to national security, including autos, semiconductors, and pharmaceuticals. He has also used Section 301 of the 1974 Trade Act to target unfair trade practices and may invoke Section 338 of the 1930 Tariff Act to raise tariffs up to 50 percent on countries discriminating against U.S. commerce.

Under Section 122 of the 1974 Trade Act, the U.S. may impose tariffs of 15 percent for up to 150 days to address trade imbalances.

During a Cabinet meeting on Dec. 2, Trump said that tariff revenues could increase significantly next year as pre-tariff stockpiles are depleted. He also said that the funds could reduce the need for federal income taxes and help pay down the national debt while providing $2,000 payments to some Americans.