Learning Resources, Inc. and six other companies said in their August 24, 2026 motion that USTR's determinations are "pretextual and preordained" and that the administration has now tried to re-create "materially the same global tariff regime under three disparate statutes."
Why we used this label
Relative to the Section 301 forced-labor tariffs, Trump defends the tariffs as beneficial and treats the route now being used as a workable substitute for the one the Court rejected. He does not say the tariffs are a lawful use of Section 301 and does not mention forced labor. We used Defended or excused because he supports the tariffs and the route to them. The closest competing label is Mixed or conditional, because he calls the route harder and more cumbersome, but he attaches no condition to his support. The host asked about the tariffs Trump had put forward over the last couple of days, and Trump did not say which tariffs he meant. The Section 301 duties took effect four days earlier and CNBC reported the remark as about the new tariffs, but his answer also covers tariffs generally. The challengers cite the remark as evidence of pretext, and the government says officials' public statements do not change USTR's documented rationale. DI does not decide that dispute.