Trump resorts to Section 232 to impose tariffs tied to national security

As the New York Times notes, President Trump is “rapidly building a backup plan” in case the U.S. Supreme Court rules that his use of the International Emergency Economic Powers Act (IEEPA) was unlawful as a basis for declaring a state of emergency and imposing tariffs on nearly all of Washington’s trading partners, as well as tariffs related to opioid trafficking on Canada, China, and Mexico.

This alternative plan, as many had anticipated, involves relying on Section 232 of the 1962 Trade Expansion Act, which allows the U.S. Department of Commerce to investigate the impact of imports on national security and authorizes the president to bypass Congress in imposing tariffs or other trade restrictions if imports are deemed to threaten national security.

On September 25, 2025, Trump invoked Section 232 to impose tariffs ranging from 25% to 100% on furniture, kitchen cabinets, pharmaceuticals, and heavy trucks.

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Source: The New York Times