US tariff return faces legal and WTO hurdles

The US government is seeking to reintroduce tariffs similar to those struck down by the Supreme Court, but the move is being slowed by legal constraints, strict investigation rules and the risk of WTO challenges from trading partners.

Officials are instead relying on alternative trade law tools such as Section 301 and national security provisions under Section 232, which require formal investigations into alleged unfair practices or trade imbalances. These processes involve months of evidence gathering, public consultation and detailed product-by-product justification before any tariff can be imposed.

Unlike the previous emergency-based approach, broad blanket tariffs are unlikely to pass legal scrutiny, forcing the government to design highly specific measures targeting individual goods or sectors.

This increases administrative delay and exposes the policy to legal appeals domestically and potential dispute settlement challenges at the World Trade Organization, adding further uncertainty for importers and trading partners.