WASHINGTON (AP) — President Donald Trump is set to implement new double-digit tariffs on numerous U.S. trading partners just as temporary levies he had previously imposed are about to expire on Friday following a Supreme Court setback.
The United States plans to impose tariffs ranging from 10% to 12.5% on imports from 60 countries, collectively representing 99% of U.S. imports. The administration claims these countries have not adequately enforced bans on goods produced through forced labor.
U.S. Trade Representative Jamieson Greer stated, “The United States has enforced a forced labor import ban for nearly a century, and it’s overdue for our trading partners to follow suit. Today’s action aims to address both a human rights abuse and a trade distortion to enhance worker welfare globally.”
The new tariffs will begin just as temporary 10% worldwide tariffs expire at 12:01 a.m. Friday. Trump had resorted to these temporary measures after the Supreme Court struck down his biggest and boldest tariffs in February.
Trump is now employing more robust tariffs under Section 301 of the Trade Act of 1974, which allows the president to impose import taxes and other sanctions against countries with “unjustifiable,” “unreasonable,” or “discriminatory” trade practices. Trump previously used Section 301 to levy significant tariffs on China during his first term, and they withstood legal challenges.
Additional Section 301 tariffs may follow as the U.S. Trade Representative’s office has initiated an investigation into whether 16 countries — representing 70% of U.S. imports — have overproduced goods, pushing down prices and putting U.S. companies at a disadvantage in global markets. This investigation is still ongoing.
Trump, advocating for tariffs as a way to rejuvenate American manufacturing, last year reversed decades of U.S. policy that favored lower tariffs and freer trade. Citing the 1977 International Emergency Economic Powers Act (IEEPA), he implemented double-digit tariffs on imports from nearly every country, claiming the trade deficit posed a national emergency.
However, the Supreme Court determined that IEEPA did not authorize tariffs, which forced the administration to pay refunds to importers that had paid the tariffs.
In reaction, Trump introduced 10% global tariffs under Section 122 of the Trade Act of 1974. However, these Section 122 levies can be applied for only 150 days, and their duration will lapse on Friday.
The administration initially proposed the forced labor tariffs last month. Since then, some countries have improved their forced labor enforcement and received lower tariffs, according to a senior administration official who spoke anonymously. For instance, the tariff on imports from India, initially set at 12.5%, has been reduced to 10%.
Exemptions from the new tariffs announced on Thursday include oil, gas, and fertilizer, as well as products eligible for duty-free status under the US-Mexico-Canada Agreement, a trade pact Trump negotiated during his first term.
Tariffs are paid by U.S. companies importing foreign products, who often pass these costs onto consumers through higher prices. With Americans already concerned about the high cost of living, the administration risks implementing new tariffs just ahead of the Nov. 3 midterm elections.
Human rights advocates suggest skepticism regarding the motives behind the tariffs is understandable, though they believe the levies could address the issue of forced labor.
Forced labor, as defined by the International Labor Organization Forced Labor Convention of 1930, is “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself (or herself) voluntarily.”
According to the latest data from the ILO, a U.N. agency focused on human and labor rights, approximately 27.6 million people were subjected to forced labor globally on any given day in 2021.
Martina Vandenberg, founder and president of The Human Trafficking Legal Center, stated, “We’ve advocated for import bans for years, not as a silver bullet, but as a potentially effective tool in combating forced labor worldwide.”
She acknowledged the criticism of tariffs, noting concerns about them being used broadly against countries. However, she observed a significant response in adopting import bans as a result.
Vandenberg and her organization recommended a phased implementation of tariffs to allow countries time to establish a ban or enforcement plan.
“Our concern is that the import bans will be ineffective without enforcement,” she said, emphasizing the need for countries to develop meaningful and enforceable mechanisms.
Kenya Davis, a partner at Boies Schiller Flexner, highlighted the Uyghur Forced Labor Prevention Act, a U.S. federal law passed in 2021 prohibiting imports of goods produced in China’s Xinjiang region or by designated entities, as the most significant U.S. legislation on forced labor prior to these tariffs.
“The effectiveness is up for debate, but it has certainly raised awareness about labor trafficking and forced labor,” Davis said. “If nothing else, these import bans will increase awareness of forced labor.”
She cautioned against the tariffs without a comprehensive approach, which should include transparency and aid for countries in enforcing bans, expressing caution in her enthusiasm about the tariffs.
Isabelle Glimcher, senior research scientist for global labor at the NYU Stern Center for Human Rights, pointed out a flaw in the tariffs, noting they target countries based on imported goods rather than domestically produced goods.
She noted that the threat of impending tariffs has prompted several countries, such as India, to modify their foreign trade policies to include a forced labor import ban. The European Union’s upcoming forced labor regulations, set to take effect next year, are also playing a role.
“While not all of these changes can be attributed solely to the Section 301 investigations, it seems countries are taking these matters seriously,” Glimcher said.
Anderson reported from New York.
