Bessent Asserts 'Permanent' Tariff Structure Regardless of Supreme Court Ruling
U.S. Treasury Secretary Scott Bessent recently conveyed strong assurance regarding the administration's commitment to upholding its tariff regulations, irrespective of the Supreme Court's impending decision on their legality. His statements underscore a firm belief in the executive branch's capacity to navigate legal challenges and sustain its trade policies.
During a discussion at The New York Times DealBook Summit, Bessent articulated his confidence, emphasizing that various provisions within the 1962 Trade Act grant the president extensive authority over import duties. He specifically pointed to sections such as 301, 232, and 122 as mechanisms through which the existing tariff framework could be replicated and sustained. Bessent clarified that while some measures, like those under section 122, are inherently permanent, others could be made so through strategic application.
He contended that any unfavorable ruling from the Supreme Court would primarily impact the American populace rather than the administration's resolve. Bessent framed tariffs as a transitional measure, with the overarching aim of rebalancing international trade and fostering domestic manufacturing. Despite the legal uncertainties, he maintained an optimistic outlook on the Supreme Court's eventual ruling.
The Treasury Secretary also highlighted perceived achievements, particularly in U.S.-China trade relations. He credited the imposition of fentanyl-related tariffs for spurring China to take decisive action against the drug's illicit entry into the U.S. This outcome, he suggested, demonstrates the effectiveness of the administration's tariff strategy. Bessent also addressed a recent lawsuit filed by Costco Wholesale against the Trump administration, seeking a full refund of tariffs, rhetorically questioning the legitimacy of such a claim.
Echoing Bessent's perspective, Chief Equity Strategist Jeff Buchbinder previously noted that even in the event of an adverse Supreme Court decision, the administration possesses alternative legal avenues to reinstate tariffs. A likely approach could involve utilizing Section 122 to implement temporary 150-day tariffs, linked to significant trade deficits. This would provide the U.S. Trade Representative with time to conduct necessary investigations, paving the way for more enduring Section 301 tariffs targeting unfair trade practices.
In October, former President Donald Trump voiced concerns that a Supreme Court decision striking down the tariffs could lead to prolonged economic struggles for the U.S. Conversely, economists like Peter Schiff have speculated that such a ruling might offer President Trump a convenient explanation for any subsequent economic downturns. It is noteworthy that the Supreme Court has already expressed reservations about the legality of the tariffs, with justices questioning the president's broad authority under the 1977 International Emergency Economic Powers Act (IEEPA).
In summary, Treasury Secretary Scott Bessent remains steadfast in the administration's commitment to its tariff policies. He believes that even with potential Supreme Court challenges, legal frameworks exist to ensure the continuity of these trade measures. The focus remains on leveraging tariffs as a tool to rebalance global trade and support domestic production, a strategy he views as successful, particularly in engaging with China.