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    Leibowitz on trade: Trump's reciprocal tariffs face mounting legal challenges

    Written by Lewis Leibowitz


    President Trump last Thursday announced the promised reciprocal tariffs to replace those imposed in April of this year. Briefly summarized, the tariffs amount to a wholesale transformation of US trade policy from one promoting increasing international interaction to one of restricting trade to serve national strategic goals.

    Disagreement rages about the wisdom and the legality of this massive transformation of trade and economic policy. While the US has long used tariffs as a tool of economic and geopolitical policy, those tactics have normally been based on statutory authority requiring public hearings (such as Section 232 and Section 301), limited tariff increases or time limits (such as Safeguard or Section 201 remedies), calculated subsidy rates by foreign governments (countervailing duties), or calculated dumping rates between home market and selling prices in the United States.

    Lewis Leibowitz, SMU Contributor

    Lewis Leibowitz

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