DOJ defends USTR's tariff authority and opposes setting the tariffs aside
United States Department of JusticeCounsel for the federal defendants in the Court of International Trade
DOJ defended USTR's broad statutory authority and urged the court to leave the tariffs in place even if it required a further explanation from the agency.
“Congress included an expansive definition of “unreasonable” acts, policies, or practices, in Section 301.”
Original text
Where this statement fits
Are Trump's Section 301 "forced labor" tariffs a lawful remedy, or a pretext to revive struck-down global tariffs?
On July 23, 2026, U.S. Trade Representative Jamieson Greer, at President Trump's direction, imposed additional tariffs of 10% or 12.5% on imports from 60 economies under Section 301 of the Trade Act of 1974. The duties took effect July 24. USTR says each economy failed to impose and effectively enforce a ban on imports of goods made with forced labor, which it found unreasonable and a burden on U.S. commerce. Businesses and 25 states sued in the Court of International Trade. They say the forced-labor rationale is a pretext for re-creating the global tariffs the Supreme Court struck down in February, and that USTR skipped the country-by-country findings the statute requires. The Justice Department says USTR made findings for all 60 economies on a record of data, testimony and public comments. A three-judge panel heard argument on September 30, 2026. As of that date, no court had ruled on the Section 301 tariffs. The disputed question is whether the tariffs are a lawful remedy under Section 301 or a pretext to revive the struck-down global tariffs.
Source and context
Original text
About this source
The filing responds to the court's October 2 questions about the statutory basis for the determinations. DOJ argues that development-level considerations were not required under the provision it used and that any relief should be limited to plaintiffs with standing.
Archived copy (opens in a new tab)Before the quotation
The filing responds to the court's October 2 questions about the statutory basis for the determinations.
After the quotation
DOJ argues that development-level considerations were not required under the provision it used and that any relief should be limited to plaintiffs with standing.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the tariffs, DOJ argues that the policy is authorized and should remain in force. Its fallback request for further explanation without vacating the tariffs does not reverse that defense.
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The Dispute Index. "DOJ defends USTR's tariff authority and opposes setting the tariffs aside". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6310-doj-defended-ustr-s-broad-statutory-authority-and