The investigation by U.S. Trade Representative Jamison Greer could allow President Trump to replace the emergency tariffs that the Supreme Court struck down as unauthorized in February.
President Trump talks about tariffs in State of the Union address
In his State of the Union address, President Trump called the Supreme Court’s decision on tariffs a “disappointing decision.”
WASHINGTON – The Trump administration has launched an investigation into alleged unfair trade practices among trading partners around the world, with a view to potentially imposing tariffs to replace emergency tariffs handed down by the Supreme Court.
U.S. Trade Representative Jamison Greer announced an investigation into allegations of overproduction of goods in China, Mexico, and Europe, saying, “The United States will no longer sacrifice its industrial base to other countries that may be exporting their overcapacity and overproduction problems to the United States.”
The investigation is one way President Donald Trump continues to collect tariffs. President Trump has argued that tariffs are critical to the country to raise money for the government and that he is threatening to impose them as a way to pressure countries to enter into trade deals and companies to make products in the United States.
The countries covered by these studies are China, Mexico, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, South Korea, Vietnam, Taiwan, Bangladesh, Japan, and India.
Greer said U.S. manufacturing faces challenges because trading partners are producing more than they can consume domestically.
“This overcapacity will displace existing U.S. domestic production or prevent investment and expansion of U.S. manufacturing production that would otherwise be brought online,” Greer said.
Public comments on the investigation are due by April 15th, and the agency will hold a public hearing starting May 5th.
The Supreme Court ruled on February 20 that President Trump did not have the authority to impose tariffs under the International Emergency Economic Powers Act of 1977, which he ordered in April 2025. President Trump said he regretted the decision, but said he could consider other ways to impose tariffs.
The high court’s ruling leaves a $3 trillion hole in government finances over the next 10 years due to expected import recalls and debt service cuts, according to the nonpartisan Congressional Budget Office.
Thousands of companies are suing for refunds after paying fraudulent duties. The U.S. Court of International Trade is considering how to administer an estimated $166 billion in refunds from about 330,000 importers. “This process requires minimal submissions from the importer,” Brandon Lord of Customs and Border Protection told the court.
However, other laws that allow Trump to impose tariffs similar to those on steel and aluminum were not affected by the decision.
Shortly after this decision, President Trump imposed a 10% tariff worldwide under the Trade Act of 1974. But such tariffs would last only 150 days, unless Congress votes to extend the policy.
The Department of Commerce may also launch an investigation into the tariffs.
Another tariff option falls under another section of the trade law, which the administration announced it would pursue on March 11. The law authorizes President Trump to impose tariffs after the U.S. Trade Representative investigates allegations of unfair trade practices.
Another way President Trump could impose tariffs would be under the Trade Expansion Act of 1962, if the Commerce Department conducts an investigation and determines that the trade could harm national security.
