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4 moves the Trump administration could make if courts strike down its tariffs

8 June 2025 at 09:40
U.S. President Trump signs an executive order in the Oval Office, at the White House
The Trump administration may still have ways to impose tariffs even if the court strikes down all existing duties.

Kevin Lamarque/REUTERS

  • President Donald Trump may have other routes to impose tariffs if the court strikes down his current duties.
  • A pause on Trump's use of the IEEPA to impose tariffs has been halted by an appeals court.
  • International trade experts say other ways to hike tariffs may be limiting and time-consuming.

President Donald Trump has four more swings at implementing his tariffs β€” even if courts strike down his use of the IEEPA.

Experts in international trade told Business Insider that Trump could take four different routes to imposing trade barriers without Congress. All four are doable, though significantly more complicated, and are unlikely policies he could change at will overnight.

"Now we're over a hundred days into the tariffs, and tariffs are a very top-of-the-agenda item," Drew DeLong, lead in geopolitical dynamics practice at Kearney, a global strategy and management consulting firm, told BI.

"There are a number of motivations underneath tariffs, and whether his current tariffs stay, he will find ways to continue to amplify pressure on trading partners," DeLong added.

After small businesses sued Trump and his various trade officials over tariffs, the US Court of International Trade ruled unanimously on May 28 that he doesn't have the authority to levy sweeping tariffs using the IEEPA β€” a 1970s law typically used for economic sanctions during national emergencies.

The Court of Appeals for the Federal Circuit resumed the tariffs a day later, but their fate remains uncertain.

"That decision, if it is favorable to Trump, would still go to the Supreme Court for review," said Kent Jones, Professor Emeritus of international economics at Babson College. "Many conservative judges, even Trump appointees, have tended to view Trump's use of IEEAP as overstepping the limits of delegating tariff-making power from Congress to the President."

Here are four things the Trump administration could do next to keep trade barriers up without Congress.

Section 122

DeLong said Section 122 of the Trade Act of 1974, also known as theΒ Balance of Payments Act, could be the White House's first choice if it wants to "continue the pressure immediately" on trading partners.

The act's official language allows it to be applied only if there are "large and serious United States balance-of-payments deficits," otherwise known as trade deficits.

"Section 122 is probably going to be a top pick," Robert Shapiro, an attorney of international trade at Thompson Coburn LLP, told BI. "That gives Trump some vehicle, but it's a limited 15% for 150 days, and then he has to go to Congress."

"That would open the door for Congress to pass a whole bunch of trade actions, but the administration obviously didn't want to go through that first," Shapiro added.

Section 232

Section 232 under the Trade Expansion Act of 1962 allows the White House to raise duties on imports it deems a threat to national security.

A recent probe into critical mineral imports, for example, argued that the US is overly dependent on foreign sources for materials essential to defense, infrastructure, and innovation.

DeLong said that at the moment, there are at least eight ongoing Section 232 investigations, including those involving copper, timber, and semiconductors. He said the recent June 3 tariff hike on steel and aluminum from 25% to 50% is also being done under section 232.

Jones said, however, that each section 232 tariff requires a formal investigation, and the sectors it could be applied to are limited.

"The problem with section 232 is that it requires a separate action for each industrial category of goods against which tariffs can be imposed," said Jones. "The perceived advantage of the IEEPA was that it allowed broad tariff coverage across the board to all industries."

Section 301

Section 301 of the Trade Act of 1974 gives the US Trade Representative β€” now Jamieson Greer β€” broad authority to investigate whether other countries are violating existing trade agreements or hurting American businesses.

DeLong said that the first Trump administration leaned heavily on the provision to impose tariffs on hundreds of billions of dollars worth of Chinese goods and aircraft from the European Union.

But section 301 would require a formal investigation and even a public comment period.

"The problem with sec. 301, however, is that it requires a separate determination of specific foreign unfair or discriminatory trade practices, country by country," said Jones.

"The IEEPA, again, seemed to give the President more flexibility in declaring an emergency against all global imports into the US without the need to document specific foreign practices," Jones added.

Section 338

DeLong said Section 338 of the Tariff Act of 1930Β could theoretically allow any US president to impose up to a 50% tariff on countries that discriminate against the US. However, he said this would be a very uncommon approach that could again bring the tariff argument into uncharted territories.

"That has not been used β€” and I don't think I'm understating this β€”in decades, or ever," said DeLong of section 338. "That would be relatively new."

Read the original article on Business Insider

How the nasty feud between Trump and Musk unfolded minute by minute

6 June 2025 at 01:28
Photo collage with Elon Musk and President Donald Trump.
Elon Musk and Donald Trump's friendship unraveled publicly over a tax bill dispute.

Kevin Dietsch; David Becker/Getty Images; Alyssa Powell/BI

  • Elon Musk and Donald Trump's friendship unraveled publicly over a tax bill dispute.
  • Musk criticized Trump's tax bill, calling it the 'Big Ugly Spending Bill.'
  • Here's how their recently fragile friendship fractured on Thursday, minute-by-minute.

Twenty-five minutes of live TV, more than a dozen posts on X, and three posts on Truth Social over the period of five hours (and counting) β€” that's how the already fractured friendship of Elon Musk and President Donald Trump publicly unraveled on Thursday.

The first signs of trouble began when Musk showed opposition to Trump's spending bill, the "One Big Beautiful Bill," though he never explicitly targeted Trump.

"Shame on those who voted for it," Musk tweeted on Tuesday, referring to Congress members who voted for Trump's tax cut bill.

Trump, for his part, had stayed uncharacteristically mum about Musk's criticism of the bill.

But that all changed on Thursday morning.

Here is a minute-by-minute breakdown of how the relationship between two of the most powerful men on the planet devolved.

11:20 a.m. ET

Musk began digging up Trump's old posts on what was then Twitter about the deficit, including one from January of 2013.

Wise words https://t.co/6juH1jEjtc

β€” Elon Musk (@elonmusk) June 5, 2025

11:46 a.m. ET

Musk unearthed another old X post by Trump from back in July 2012, presumably as a swipe at the new Republican tax bill that many economists and the congressional Budget Office said would increase the country's deficits.

I couldn’t agree more! πŸ‡ΊπŸ‡ΈπŸ‡ΊπŸ‡Έ https://t.co/sZ6xgisZEA

β€” Elon Musk (@elonmusk) June 5, 2025

12 p.m. ET

Trump responded to Musk's attacks for the first time when answering press questions during a White House event to welcome German Chancellor Friedrich Merz.

"And you know Elon's upset because we took the EV mandate, which was a lot of money for electric vehicles," said Trump. "And they're having a hard time, the electric vehicles. And they want us to pay billions of dollars in subsidy. Elon knew this from the beginning; he knew it from a long time ago."

12:07 p.m. ET

Trump's comments about Musk continued at the press appearance.

"He knew every aspect of this bill β€” better than almost anybody β€”and he never had a problem until right after he left," said Trump. "He said the most beautiful things about me. He hasn't said bad things about me personally, but I'm sure that'll be next. But I'm very disappointed in Elon. I've helped Elon a lot."

"People leave my administration, and they love us, and then at some point they miss it so badly, and some of them embrace it, and some of them actually become hostile," Trump continued.

"I don't know what it is. It's sort of Trump derangement syndrome, I guess they call it, but we have it with others, too. They leave and they wake up in the morning, and the glamour's gone. The whole world is different, and they become hostile," he added.

12:25 p.m. ET

Musk began a whirlwind of tweets soon after, responding in near real time to what Trump said during the press appearance.

"False, this bill was never shown to me even once and was passed in the dead of night so fast that almost no one in Congress could even read it!" Musk posed on X.

False, this bill was never shown to me even once and was passed in the dead of night so fast that almost no one in Congress could even read it! https://t.co/V4ztekqd4g

β€” Elon Musk (@elonmusk) June 5, 2025

12:46 p.m. ET

Musk then began a series of tweets directed at the president beyond the bill, including saying that without him, Republicans would have lost.

Such ingratitude

β€” Elon Musk (@elonmusk) June 5, 2025

1:57 p.m. ET

Musk polls his X followers about creating a new political party "that actually represents the 80% in the middle." Mark Cuban quoted the post with three checkmarks.

Is it time to create a new political party in America that actually represents the 80% in the middle?

β€” Elon Musk (@elonmusk) June 5, 2025

2:23 p.m. ET

Musk gives Trump's bill β€” known on paper as the "One Big Beautiful Bill" β€” a new name: "Big Ugly Spending Bill."

Not even those in Congress who had to vote on the Big Ugly Spending Bill had time to read it! https://t.co/mBOQyhQYwX

β€” Elon Musk (@elonmusk) June 5, 2025

2:37 p.m. ET

Trump responds to Musk with two consecutive posts on his own social media platform, Truth Social.

"Elon was 'wearing thin,' I asked him to leave, I took away his EV Mandate that forced everyone to buy Electric Cars that nobody else wanted (that he knew for months I was going to do!), and he just went CRAZY!" Trump wrote.

"The easiest way to save money in our Budget, Billions and Billions of Dollars, is to terminate Elon's Governmental Subsidies and Contracts. I was always surprised that Biden didn't do it!" the president continued.

2:48 p.m. ET

Musk responds to Trump's posts on Truth Social, calling them "such an obvious lie."

Such an obvious lie. So sad. https://t.co/sOu9vqMVfX

β€” Elon Musk (@elonmusk) June 5, 2025

2:49 p.m. ET

A minute later, Musk appeared to dare Trump to cancel government contracts with his companies.

This just gets better and better 🀣🀣

Go ahead, make my day … https://t.co/APmy7cV8iL

β€” Elon Musk (@elonmusk) June 5, 2025

3:10 p.m. ET

Musk makes another accusation.

Time to drop the really big bomb:@realDonaldTrump is in the Epstein files. That is the real reason they have not been made public.

Have a nice day, DJT!

β€” Elon Musk (@elonmusk) June 5, 2025

4:06 p.m. ET

Trump posts on Truth Social again to defend his tax bill.

"I don't mind Elon turning against me, but he should have done so months ago. This is one of the Greatest Bills ever presented to Congress," Trump wrote.

"It's a Record Cut in Expenses, $1.6 Trillion Dollars, and the Biggest Tax Cut ever given. If this Bill doesn't pass, there will be a 68% Tax Increase, and things far worse than that. I didn't create this mess, I'm just here to FIX IT," Trump added.

4:09 p.m. ET

Musk says SpaceX will decommission its Dragon spacecraft "immediately."

SpaceX's Dragon spaceships transport NASA astronauts and supplies to and from the International Space Station. Prior to partnering with SpaceX, the agency depended on Russian Soyuz spacecraft for crewed missions.

In light of the President’s statement about cancellation of my government contracts, @SpaceX will begin decommissioning its Dragon spacecraft immediately pic.twitter.com/NG9sijjkgW

β€” Elon Musk (@elonmusk) June 5, 2025

4:26 p.m. ET

Musk says that Trump's tariffs will "cause a recession in the second half of this year."

Some economists have also predicted that Trump's tariffs would hurt the economy, and Trump himself declined to rule out the chances of a recession back in March.

JPMorgan had predicted a 60% chance of a US recession after Trump imposed sweeping tariffs on April 2. The bank adjusted the possibility down to below 50% recently after Trump paused most of his highest tariffs.

The Trump tariffs will cause a recession in the second half of this year https://t.co/rbBC11iynE

β€” Elon Musk (@elonmusk) June 5, 2025

4:43 p.m. ET

Musk retweeted what appears to be a video of Trump partying with Epstein from the 1990s, doubling down on his earlier statement about the Epstein files.

🀨 https://t.co/DTdfJWydLS

β€” Elon Musk (@elonmusk) June 5, 2025

"This is an unfortunate episode from Elon, who is unhappy with the One Big Beautiful Bill because it does not include the policies he wanted," White House press secretary Karoline Leavitt told Business Insider in a statement. "The President is focused on passing this historic piece of legislation and making our country great again."

Representatives for Tesla did not immediately respond to requests for comments.

A walkback

Musk took a softer tone later on Thursday night.

Some five hours after his post about decommissioning the Dragon spacecraft, he walked back the decision in a response to an X user.

"This is a shame this back and forth. You are both better than this. Cool off and take a step back for a couple days," X user Fab25june wrote on the platform.

"Good advice. Ok, we won't decommission Dragon," Musk wrote at 9:20 p.m.

In a separate exchange on X, billionaire investor Bill Ackman encouraged Musk and Trump to make up.

"I support @realDonaldTrump and @elonmusk and they should make peace for the benefit of our great country. We are much stronger together than apart," Ackman wrote.

"You're not wrong," Musk responded at 9:27 p.m.

Read the original article on Business Insider

It's official: Trump's tariffs are damaging the economy

3 June 2025 at 09:48
Trump holding a board with reciprocal tariffs
The OECD cited Trump's tariffs as a key driver slowing US economic growth.

Chip Somodevilla/Getty Images

  • The OECD cut its forecast for US economic growth in 2025 from 2.8% to 1.6%.
  • It cited President Donald Trump's tariffs, which had pushed the US import rate to the highest level since 1938.
  • Global growth is also set to slow as trade tensions disrupt investment and inflation rises, the OECD said.

The US and global economy are losing steam, and a key forecaster said President Donald Trump's trade tariffs were part of the reason.

In its latest Economic Outlook, released on Tuesday, the Paris-based Organization for Economic Co-operation and Development cut its forecast for US economic growth in 2025, pointing to the fallout from the administration's trade policies. The 2.8% rate it predicted in March has now been reduced to 1.6%.

The OECD warned that these tariffs, which have pushed the effective US import rate to 15.4% β€” the highest since 1938 β€” were not only affecting US growth but reverberating across the global economy too.

Global growth was now projected to slow to 2.9% in both 2025 and 2026, down from 3.3% in 2024.

The OECD said the slowdown in growth was concentrated in the US, Canada, Mexico, and China. Growth in China, the world's second-largest economy, was expected to fall to 4.7% in 2025, down from 5% last year, and come in at 4.3% in 2026.

As of May 27, a blanket 10% tariff applies to all goods imported into the US, with some limited exemptions.

Stoking inflation

A 50% tariff on imports from the European Union were paused until July 7 amid "fast-tracked" negotiations, while steep levies on imports fromΒ China have also been put on hold.

The OECD said these policies were eroding investment, disrupting supply chains, and stoking inflation β€” especially in the US, where price growth is now projected to approach 4% by the end of the year.

OECD secretary-general Mathias Cormann said governments needed to work to keep markets open and preserve the "economic benefits of rules-based global trade for competition, innovation, productivity, efficiency and ultimately growth."

Chief economist Álvaro Pereira added: "Lower growth and less trade will hit incomes and slow job growth."

The organization urged governments to de-escalate tensions and roll back tariffs to avoid further damage to the global economy.

In a Monday note, Deutsche Bank economists said there were global signs of a "turbulent but sustained path toward trade de-escalation. The fallout from the US 'Liberation Day' policies β€” from falling approval ratings to a sell-off in US government bonds β€” forced a rethink in Washington. While recent court rulings could pave the way for an even more benign trade regime, they also prolong uncertainty."

The bank also expected US GDP to grow by 1.6% this year and by 1.7% in 2026 on an annual average basis.

Read the original article on Business Insider

Walmart CFO says tariff rates are still 'too high' and the retail giant can't predict how shoppers will respond

15 May 2025 at 19:09
Fruit and vegetables are seen at a Walmart supermarket in Houston, Texas, on May 15.
Walmart CEO Doug McMillon said he was hopeful that any long-term policy would address foods that the US doesn't produce in significant amounts, like bananas.

Ronaldo Schemidt/AFP via Getty Images

  • Walmart says tariffs remain "too high," even after recent reductions.
  • The company said it would have to raise some prices if import costs didn't come down further.
  • It's not yet clear how already-pressured shoppers would respond to price hikes.

President Donald Trump's shifting trade policy is causing headaches for America's largest retailer.

While Walmart CFO John David Rainey welcomed the recent reduction in tariffs, he said the company was not out of the woods yet.

"Let me emphasize, we still think that's too high," he said of the latest rates during Walmart's earnings call on Thursday.

Walmart says it imports about one-third of what it sells in the US from other countries, namely China, Mexico, Canada, Vietnam, and India, and that cargo is flowing.

"There are certain items, certain categories of merchandise, that we're dependent upon to import from other countries, and prices of those things are likely going to go up, and that's not good for consumers," Rainey said.

Rainey added that shoppers were showing signs of being more financially pressured, evidenced by their spending shifting away from general merchandise and more toward food and essentials.

Walmart CEO Doug McMillon added that he didn't think shoppers would tolerate additional price hikes on their grocery bills, which would limit the retailer's ability to shift import costs to other goods in its assortment.

"The first thing that goes through my mind is food inflation," he said. "We've been through a number of years here where prices have gone up on food, and our customers have felt that, and they don't want any more food inflation."

He also said he was hopeful that any long-term policy would address foods that the US doesn't produce in significant amounts, like bananas.

An additional wrinkle for Walmart management is the question of what economists call "price elasticity," or the change in purchasing patterns in response to changes in cost.

American consumers proved resilient during recent years of high inflation and kept on spending even though prices were climbing.

But Rainey said tariffs make it "more challenging to anticipate demand by item," since it's not clear how shoppers would respond to new tariff-related price hikes and retailers are wary of getting stuck holding large amounts of expensive merchandise.

"We'll watch where our price gaps are," McMillon said, "but we'll also watch what customers are telling us and the response that we get from pressure that they're feeling."

While that puzzle is a little more solvable with high-turnover items like food, it's considerably more difficult to predict for seasonal sales events like back-to-school shopping or the holidays β€” and Walmart has to place those orders now.

And thanks to a quirk of retail accounting, a significant fluctuation in shelf prices could have an outsize impact on the company's financial results in the coming quarters if it has to make large adjustments to its inventory valuation.

"How do you make a quantity call, and what tariff number do you use?" McMillon said.

Read the original article on Business Insider

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