What are sections 122 and 301, Trump’s potential alternate tariff tools?
The Hill
by Fiona BorkFebruary 20, 2026
AI-Generated Deep Dive Summary
The Supreme Court’s ruling that President Trump exceeded his authority under the International Emergency Economic Powers Act (IEEPA) to impose tariffs on other countries has raised questions about the future of his tariff policies. However, the administration still has alternative tools at its disposal to continue implementing trade measures. Sections 122 and 301 of U.S. trade law are key alternatives that could allow Trump to maintain his aggressive trade strategy.
Section 122 of the Trade Act of 1974 empowers the president to address unfair practices related to intellectual property rights, trademarks, and copyrights in foreign countries. This tool was previously used to target China over its IP theft issues, leading to significant tariffs on Chinese imports. Meanwhile, Section 301 provides broader authority for the president to impose tariffs or other trade restrictions on foreign countries deemed to engage in unfair trade practices. Both sections give Trump flexibility to continue his tariff-focused approach, even without IEEPA.
The significance of these tools lies in their ability to bypass the legal limitations imposed by the Supreme Court’s ruling. While Section 122 is more narrowly focused on intellectual property, Section 301 offers a broader framework for addressing trade disputes. These alternatives underscore the administration’s commitment to maintaining its aggressive trade policies, which have been a hallmark of Trump’s presidency.
For readers interested in politics and international trade, this matters because it highlights the ongoing tension between U.S. trade policy and judicial oversight. The use of Sections 122 and 301 could set a precedent for future administrations, potentially expanding presidential authority in trade negotiations. This also has significant implications for global trade relations, as other countries may respond to continued U.S. tariffs with their own measures.
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Originally published on The Hill on 2/20/2026