Donald Trump’s tariff measures that comply with legal provisions include Sections 122, 232, 301, and 338, noted Roberto Zapata, senior partner at Consultores Internacionales Ansley and former Mexican ambassador to the World Trade Organization (WTO).
The Supreme Court’s ruling does not decide that Trump does not have the power to impose tariffs, but rather that he cannot do so using the IEEPA. The U.S. executive branch can still draw on a repertoire of measures dating back decades (1962, 1974, and even 1930), some of which are already in place.
Donald Trump’s tariff measures
Following the Supreme Court’s ruling, Trump announced 15% tariffs on the world (instead of IEEPA tariffs), under Section 122 (due to balance of payments issues). This measure can last up to 150 days; extending it requires congressional approval.
At the same time, the White House Trade Representative (USTR) will open investigations to impose tariffs under Section 301 (affecting rights in U.S. trade agreements), which “will cover most of its major trading partners.” These measures are initially for four years, renewable without limit.
In addition, the Trump administration already applies tariffs on imports under Section 232 (for national security) to several sectors that it is interested in relocating to the United States (e.g., cars, trucks, steel, and chips), and is investigating other sectors (e.g., pharmaceuticals, medical devices, and aerospace).
As if that were not enough, the Trump Administration is certainly analyzing Section 338 of the Tariff Act of 1930, which allows tariffs of up to 50% to be imposed, and even blockades, for discrimination against U.S. trade, with no time limit.
It should be noted that Sections 122 and 232 are “general”: 122 applies to the whole world (although Trump exempted imports that comply with the USMCA), and 232 applies to the whole world in the indicated sectors (without USMCA distinction). Sections 301 and 338 are country-specific.
Perspective on tariffs
So what does all this mean? Zapara responded that with the immediate application of Section 122, Trump is replacing IEEPA tariffs and buying time while he finalizes and implements measures under sections 232 and 301 and defines how to argue measures under 338, all of which are legally protected.
As Trump indicated in his Truth Social post, the measures he will implement under 122 are “fully allowed/legally tested,” and subsequently (“next short number of months”), his administration will determine and issue the new and legally permitted tariffs.
In other words, according to Zapata, tariffs are here to stay, but unlike IEEPA, the Trump administration will have to comply with specific criteria (economic, commercial) and procedures (publication, comments, timelines), and face the challenge of quickly concluding new and ongoing investigations.
“Of course, by having to meet economic and trade criteria now, Trump would see his margin for using tariffs as a political threat (Greenland, Iran, etc.) reduced,” Zapara said via social media.
His conclusion: Mexico will have to calibrate its negotiation strategy with the United States considering all of the above, aware that the 2026 USMCA review is scheduled for July, as are the 150 days of Section 122, and that this puts pressure on the clock for investigations 232 and 301.