Trump Imposes 50% Tariffs on Canadian Imports Using Obscure 1930 Law
On August 23, 2026, former President Donald Trump imposed 50% tariffs on numerous Canadian imports under Section 338 of the Smoot-Hawley Tariff Act of 1930, a long-defunct law. Trade negotiations collapsed over U.S. insistence on maintaining aluminum tariffs. Legal experts argue the tariffs are illegal, as Section 338 was superseded by later legislation. Canada retaliated dollar-for-dollar. Critics warn the move damages the U.S. economy, harms relations with a key ally, and benefits adversaries like China, Russia, and Iran. Courts are urged to block the tariffs.
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Trump Uses Obscure 1930 Tariff Law to Impose 50% Tax on Canadian Imports
President Donald Trump invoked Section 338 of the Tariff Act of 1930, a 96-year-old statute never before used, to impose a 50% tariff on $20 billion worth of Canadian imports. The move, part of an escalating trade war, prompted dollar-for-dollar retaliation from Canada. Legal experts note the law is untested in court and may have been superseded by more recent trade legislation. Critics argue the tariffs target Canadian goods like hockey sticks and cement unrelated to the alleged discrimination against U.S. dairy, auto, and alcohol exports. The U.S. had previously agreed to Canada's dairy quota system in a trade pact Trump himself negotiated.
Trump Imposes Harmful and Illegal Section 338 Tariffs Against Many Canadian Imports
On August 23, 2026, Donald Trump imposed massive 50% tariffs on numerous Canadian imports under Section 338 of the Smoot-Hawley Tariff Act of 1930, after trade negotiations broke down. Experts, including Hoover Institution fellow Philip Zelikow and Georgetown trade law specialist Peter Harrell, argue the tariffs are illegal because Section 338 was superseded by legislation in 1962 and 1974 and has not been used since the 1940s. Even if not defunct, the tariffs fail to meet legal requirements. The author, who previously helped bring a case that struck down IEEPA tariffs, expects legal challenges to succeed. The tariffs are part of a broader pattern of presidential overreach, damaging the US economy, poisoning relations with key ally Canada, and benefiting adversaries like China, Russia, and Iran. The article urges courts to refuse stays on injunctions to prevent further harm.
Trump Imposes Harmful and Illegal Section 338 Tariffs on Canadian Imports
On August 23, 2026, President Donald Trump imposed 50% tariffs on numerous Canadian imports under Section 338 of the Smoot-Hawley Tariff Act of 1930, after trade negotiations broke down. The article argues these tariffs are illegal, as Section 338 is defunct and superseded by later legislation, and even if not, the tariffs fail to meet legal requirements. Legal experts from Georgetown University and the Hoover Institution support this view. The tariffs follow a pattern of Trump usurping congressional tariff authority, including IEEPA tariffs struck down by the Supreme Court and Section 122 tariffs invalidated by the US Court of International Trade. The author warns of economic damage, poisoned relations with a key ally, and benefits to adversaries like China, Russia, and Iran. Courts are urged to block these tariffs quickly to prevent irreparable harm.
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Trump Imposes Harmful and Illegal Section 338 Tariffs on Many Canadian Imports
On August 23, 2026, former President Donald Trump imposed 50% tariffs on numerous Canadian imports using Section 338 of the Smoot-Hawley Tariff Act of 1930, a long-defunct law. Trade negotiations with Canada collapsed due to the Trump administration's insistence on maintaining earlier tariffs on aluminum. Legal experts, including Georgetown University trade law specialist Peter Harrell and Hoover Institution's Philip Zelikow, argue the tariffs are illegal because Section 338 was superseded by legislation in 1962 and 1974, and even if not defunct, the tariffs fail to meet legal requirements. The article notes previous Trump tariff actions were struck down by courts, including IEEPA tariffs invalidated by the Supreme Court and Section 122 tariffs by the US Court of International Trade. The author warns the tariffs damage the US economy, poison relations with a key ally, and benefit adversaries like China, Russia, and Iran.
Trump Imposes Harmful and Illegal Section 338 Tariffs on Canadian Imports
On August 23, 2026, former President Donald Trump imposed 50% tariffs on numerous Canadian imports using Section 338 of the Smoot-Hawley Tariff Act of 1930, a long-defunct law. Trade negotiations broke down due to the Trump administration's insistence on maintaining earlier tariffs on Canadian aluminum. Legal experts, including Georgetown University's Peter Harrell, argue the tariffs are illegal as Section 338 was superseded by legislation in 1962 and 1974, and even if not defunct, the tariffs fail to meet legal requirements. The article criticizes the tariffs as harmful to the US economy, damaging to relations with a key ally, and beneficial only to adversaries like China, Russia, and Iran. It notes previous court rulings against similar tariff actions, including Supreme Court invalidation of IEEPA tariffs, and calls for courts to block these tariffs quickly to prevent irreparable harm.