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Comment by MBCook | Hacker News Reader

But those weren’t under the emergency economics power law Trump is using this time right?

I believe you are correct. Biden used Section 301 of the Trade Act of 1974. Trump has used the 1974 act, but he's also used the International Emergency Economic Powers Act of 1977, which is what the trade court just ruled on. My understanding is the Trump admin's strategy of putting a tariff on every country as an opening to negotiations doesn't fly under the 1974 act, which only allows placing tariffs on a country if there is evidence that it has broken fair trade practices in the US.

Biden used executive authority on tariffs repeatedly, the same method Trump is using. And you're totally incorrect, Biden maintained the existing IEEPA tariffs on China that were imposed in Trump's first term.

Did raise them with that power?

The accusation was Biden significantly expanded tariffs using the same power Trump is claiming.

Simply maintaining an existing tariff is something different. Though it could certainly still be objectionable.

You’re making a false equivalence.

Not repealing an action isn’t the same as supporting it. It doesn’t make sense to arbitrarily repeal tariffs without a coordinated draw down of tbr other party.

You're literally replying to a comment putting in a great detail which statues were used in case of Trump tariffs this time and in case of Biden tariffs (and Trump to the extent) last time. Just saying "this is executive authority on tariffs" doesn't equate these usages, it is important what laws does this authority rely on.

As far as I'm aware, Trump's first term tariffs on China were Section 301 tariffs, and even though he floated the idea of IEEPA tariffs, he never actually invoked IEEPA in his first term [1]. Every article I can find about Biden extending and/or increasing Trump's China tariffs that mentions the legal authorization says it's under Section 301 of the 1974 act [2, 3, 4]. If you're aware of any evidence to the contrary, please share.

[1] https://www.millercanfield.com/resources-Can-President-Impos...

[2] https://www.bhfs.com/insights/alerts-articles/2024/biden-ups...

[3] https://www.ntu.org/publications/detail/bidens-new-tariffs-h...

[4] https://www.globaltimes.cn/page/202502/1328911.shtml

And these tariffs apply to the entire world for some reason?

The rationale for universal tariffs is it prevents rerouting goods to circumvent their intent.

God. The WTO penalties are gonna be epic (if much of this stuff ever actually goes into effect).

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