imports

Under his America First Trade Policy, President Trump has made clear that his Administration intends to use every tool available to address unfair trade practices affecting U.S. companies, workers and national security.

In the first two months of this Administration, President Trump has issued over a dozen executive orders impacting international trade, many of them imposing or threatening to impose new tariffs. What authority does a President have to impose new tariffs? There are many laws that explicitly give the President authority to address various national concerns through the imposition of tariffs.

1. International Emergency Economic Powers Act (IEEPA)

Enacted in 1977, the IEEPA grants the President authority to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States originating from abroad.

The law grants broad powers to the President to control economic transactions, although it does not mention tariffs specifically. President Trump invoked the IEEPA in 2025 to impose additional tariffs on imports from Canada, Mexico, and China, citing national security concerns related to illegal immigration and drug trafficking. Prior to this, no President had used IEEPA to impose tariffs.

2. Section 301 of the Trade Act of 1974

Sections 301-310 of the Trade Act of 1974, often referred to as “Section 301,” grants authority to the United States Trade Representative to take action against foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce.

USTR is authorized to conduct […]