• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’

2

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

3

He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis

1

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’

2

26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave

3

He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
North AmericaTariffs

Tariff Man’s money machine broke. Now he’s trying to fix it with a forced‑labor crusade

By
Paul Wiseman
Paul Wiseman
and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Paul Wiseman
Paul Wiseman
and
The Associated Press
The Associated Press
Down Arrow Button Icon
July 16, 2026, 3:35 PM ET
t
President Donald Trump departs on Marine One after speaking at the United States Army War College in Carlisle, Pa., at the Pennsylvania Defense and Innovation Summit, Wednesday, July 15, 2026. AP Photo/Julia Demaree Nikhinson
Add Fortune on Google for similar content.

The U.S. Treasury last year swelled with revenue from President Donald Trump’s double-digit taxes on imports from almost every country on earth.

Recommended Video

But the money dried up after the Supreme Court struck down the biggest and boldest of Trump’s tariffs in February.

The question now is: Can the president’s trade team make good on its promise to replace the lost revenue?

A deadline is approaching rapidly.

After the Supreme Court setback, the president turned first to Section 122 of the Trade Act of 1974 to impose 10% tariffs globally. But Section 122 only authorizes tariffs for 150 days. Trump’s expire on July 24. Congress would have to extend those tariffs — something lawmakers are unlikely to do as the Nov. 3 midterm elections approach amid voter discontent over the high cost of living.

But the administration has more durable options: Section 301 of the same 1974 trade law permits the president to impose tariffs and other sanctions against countries found to engage in “unjustifiable,” “unreasonable” or “discriminatory” trade practices. Trump used Section 301 to impose big tariffs on China in his first term and is rolling them out again — as recently as late Wednesday when he announced 25% tariffs on some Brazilian imports, charging the world’s 11th-biggest economy with a host of unfair trade practices.

Trade attorneys and analysts are confident the tariff-happy Trump administration will manage to beat the clock and swap out Section 122 tariffs with bigger Section 301 tariffs by the July 24 deadline. “They’re going to raise the tariff wall again,’’ said trade lawyer Ryan Majerus, a partner at King & Spalding and a trade official in Trump’s first administration and in President Joe Biden’s.

Trump last year tested – and exceeded – the limits of his authority to impose import taxes, a power the U.S. Constitution gives Congress. He invoked the 1977 International Emergency Economic Powers Act (IEEPA) to slap big tariffs on most of the world’s countries.

He justified the levies, which marked a stunning reversal of decades of U.S. policy in favor of lower tariffs and freer trade, by labeling America’s longstanding trade deficits a national emergency.

The Supreme Court didn’t buy it, ruling in February that the president couldn’t use the emergency powers law to impose tariffs at all. The legal defeat meant the administration had to send refunds to importers that had paid the levies.

As a result, tariffs have at least temporarily gone from a windfall to a drain on the Treasury.

Revenue from import taxes peaked at more than $31.4 billion last October. Then, after the Supreme Court ruling, it started dwindling – to $22 billion in both March and April. As refund checks went out faster than revenue from the Section 122 and other tariffs came in, the number turned negative: A small ($42 million) shortfall in May was followed by a whopping $25.6 billion loss in June.

Trump and Treasury Secretary Scott Bessent have vowed to use other legal authorities to recoup the lost income.

Enter Section 301, which gives the president power to impose – and adjust – tariffs in response to other countries’ trade practices. But the administration must first check procedural boxes – collecting comments and holding hearings. There are no limits on Section 301 tariffs. They expire after four years but can be renewed.

So the president has flexibility in how he uses the Section 301 tariffs. Trump can still change them — after clearing procedural hurdles — but he can’t impose or move them up or down on a whim as he often did with the IEEPA tariffs. Uncertainty over Trump’s tariff policy has vexed businesses, leaving them hesitant to make investments and decisions because they don’t know what the trade rules are going to be.

A switch to rule-bound 301 tariffs would mean “there’s less uncertainty but not no uncertainty,’’ said Sarah Bianchi, a former U.S. trade official who is now chief strategist of international political affairs at the investment research firm Evercore ISI.

The Trump administration has turned to two big Section 301 investigations in its campaign to replace lost tariff revenue. One accuses 60 countries, accounting for 99% of U.S. imports, of failing to do enough to crack down on imports created by forced labor. The other is investigating whether 16 U.S. trading partners — including China, the European Union and Japan — are overproducing goods, driving down worldwide prices and putting American manufacturers at a disadvantage.

The administration has already decided what it wants to do about the forced labor issue. Invoking Section 301 last month, U.S. Trade Representative Jamieson Greer proposed tariffs — 10% on 16 countries and 12.5% on 44 — that are the same or slightly higher than the 10% Section 122 levies they would replace. But Greer’s office is still receiving public comments on the proposed tariffs and has not imposed them yet.

Nathaniel Halvorson, a partner at the Baker McKenzie law firm and a former U.S. trade official, expects Greer’s office will manage to get the forced-labor levies in place in time so that there won’t be much, if any, “daylight’’ between them and the expiring Section 122 tariffs. “Really, they’re operating about as fast as legally possible,’’ he said.

The administration has not yet completed the other Section 301 investigation into alleged overproduction by 16 countries. Trade attorney Majerus expects the administration to propose more big tariffs in that case, likely in a month or two. He suspects they will be timed to take effect only after the midterm elections “for obvious reasons.’’

Trump, who has proudly called himself “Tariff Man,’’ has made it clear that he is seeking to bring back the big, worldwide import taxes he’d imposed in 2025. So the new 301 investigations look like a pretext to do that and might be vulnerable in court, Bianchi said.

“Section 301s have been pretty legally durable,” she said. “But no one has tried to use it to basically put in place universal tariffs. I think there will be legal challenges.’’

The Fortune 500 Innovation Forum will convene Fortune 500 executives, U.S. policy officials, top founders, and thought leaders to help define what’s next for the American economy, Nov. 16-17 in Detroit. Apply here.
About the Authors
By Paul Wiseman
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in North America

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in North America

tillis
PoliticsCongress
Epstein survivors say Todd Blanche ignored them. Now one Republican senator is making him listen
By Alanna Durkin Richer, Joey Cappelletti and The Associated PressJuly 16, 2026
1 hour ago
merck
HealthDrugs
The cholesterol shot you couldn’t afford is now a pill
By Matthew Perrone and The Associated PressJuly 16, 2026
1 hour ago
t
North AmericaTariffs
Tariff Man’s money machine broke. Now he’s trying to fix it with a forced‑labor crusade
By Paul Wiseman and The Associated PressJuly 16, 2026
1 hour ago
cars
EnvironmentAutos
Over 120 million car trips, study finds speeding only saved drivers 54 seconds on average
By Alexa St. John and The Associated PressJuly 16, 2026
1 hour ago
Kalshi pulls plug on planned flight cancellation contracts
BankingKalshi
Kalshi pulls plug on planned flight cancellation contracts
By Jeff John RobertsJuly 16, 2026
2 hours ago
The global rich like Peter Thiel are eyeing the exit door. Argentina wants to be a ‘serious contender’ in the migration game
InvestingPeter Thiel
The global rich like Peter Thiel are eyeing the exit door. Argentina wants to be a ‘serious contender’ in the migration game
By Mia OsmonbekovJuly 16, 2026
4 hours ago

Most Popular

FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
C-Suite
FedEx CEO says we are in the middle of the biggest supply chain shift he’s seen in 35 years: ‘We are the referendum’
By Fortune EditorsJuly 15, 2026
1 day ago
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
Law
26 Meta employees accuse Mark Zuckerberg of using AI to target 8,000 layoffs against workers on medical, parental or family leave
By Barbara Ortutay, Alexandra Olson and The Associated PressJuly 15, 2026
1 day ago
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
Innovation
He sold his last company to Palantir. Now he's betting $32 million that robots can fix construction's labor crisis
By Lily Mae LazarusJuly 15, 2026
1 day ago
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
Politics
Trump's 'American Flag Blue' in the Lincoln Memorial pool is already gray — and the Olympic canoer 'vandal' is fighting his arrest
By Matthew Daly and The Associated PressJuly 16, 2026
8 hours ago
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
Newsletters
MacKenzie Scott, Melinda French Gates, and Lauren Sánchez Bezos are rewriting the rules of billionaire giving—one quietly, one strategically, one very publicly
By Sydney LakeJuly 14, 2026
2 days ago
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
Economy
Jamie Dimon understands why people are anti-rich: 'We have, in fact, left the lower-income folks behind' and 'that's kind of annoying'
By Eleanor PringleJuly 15, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.