A little-known presidential power to impose tariffs under Section 338 of U.S. trade law remains untested, raising questions about its legality and potential impact on trade policy. Legal experts warn the provision has never been invoked or challenged in court, leaving its constitutional limits unclear. With trade tensions escalating, the authority could reshape how the government enforces intellectual property protections. Critics argue its ambiguity risks overreach without judicial review.
The president's Section 338 tariff authority has never been used, let alone tested in court.
