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As of Thursday afternoon, American businesses face extreme uncertainty because President Trump's Section 122 tariffs, imposed in February 2026, expire at midnight Friday with no replacement announced. The Supreme Court struck down Trump's earlier IEEPA-based tariffs, forcing him to use the Trade Act of 1974, which limits tariffs to 150 days unless Congress extends them. Despite having 150 days to provide clarity, the administration has not done so. White House press secretary Karoline Leavitt promised an announcement later Thursday, but none had come by 4 p.m. The chaos highlights the economic harm of tariff uncertainty, which studies show has damaged the economy beyond the direct $25-30 billion cost of the tariffs themselves. Critics argue Congress should set trade policy rather than one president.
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Consider one of the biggest challenges facing American businesses in the midst of President Donald Trump's global trade war: As of Thursday afternoon, no one knew what tariffs would be charged on which imports entering the country as soon as Friday morning.
Trump is no stranger to improvisational, make-it-up-as-you-go policy, but even by his standards, this is pretty ridiculous.
The Backstory
To understand the wild uncertainty facing American businesses this week, you have to back up a few months. In February, the Supreme Court struck down many of the tariffs Trump had imposed last year when it ruled that the International Emergency Economic Powers Act (IEEPA) did not grant presidents the power to impose tariffs. Trump responded by implementing a 10 percent "global tariff" via a different legal mechanism: Section 122 of the Trade Act of 1974.
However, that law only allows for temporary tariffs that last a maximum of 150 days, unless Congress votes to extend them—which it has not. As a result, the tariffs Trump imposed in February will expire at midnight tonight.
No Clarity from the Administration
The Trump administration had 150 days to provide clarity and stability to American businesses that buy and sell things overseas. It did not do that.
"You'll have to stay tuned, and you're gonna be busy over the next few days," U.S. Trade Rep. Jamieson Greer told The Wall Street Journal earlier this week when asked about the upcoming tariff deadline.
That's, uh, not very helpful. The U.S. economy is not a reality show. The Trump administration should stop acting like it is.
On Thursday, White House press secretary Karoline Leavitt said an announcement about tariff rates would be coming later in the day. As of 4 p.m., however, no such announcement has been made. (It's possible the White House is deliberately waiting until after the stock market closes, given how the market has reacted to previous tariff hikes.)
The Human Cost of Uncertainty
"How in the world does someone decide whether to expand their factory when they wake up in the morning and have no idea what the tariff on the materials they need will be?" Bryan Riley, director of the Free Trade Initiative at the National Taxpayers Union Foundation, asked rhetorically in an email to Reason. "Or how many acres of crops to plant? Or how many workers to hire? Or how many Christmas toys to order?"
All good questions.
A Different Kind of Spectacle
Thursday did not get the same level of national media attention as Trump's so-called "Liberation Day" tariff announcements of April 2025. For good reason, the White House decided to avoid turning this latest bit of major tariff news into a spectacle.
But what happened on Thursday is in many ways even less defensible than what happened on Liberation Day. Trump's trade policies are more unpopular and less successful than ever, but he seems determined to continue jerking American businesses around, with little warning and no regard for the uncertainty it is creating.
The Case for Congressional Authority
The chaos and uncertainty created by these new, last-minute tariff announcements ought to underscore the importance of having Congress, rather than one (highly mercurial) president, set American trade policy.
Studies show that the heightened level of uncertainty caused by Trump's handling of the tariffs has harmed the economy. That is, of course, on top of the direct cost of the tariffs themselves, which have been a massive tax increase on Americans. Various estimates show that the Section 122 tariffs cost American businesses between $25 billion and $30 billion during the 150 days that they were in place.
No wonder the trade war and tariffs are unpopular—and getting more unpopular.
Source
Reason.comWestern
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Trump's Expiring Tariffs Create Last-Minute Uncertainty for U.S. Businesses