CHICAGO, July 24, 2026 — President Donald Trump is invoking a new justification for imposing steep tariffs on most imports, levying new surcharges on products from 60 countries for the stated reason of curbing the nations' tolerance of individuals being forced to work against their will.
The president asserts that he has the authority under Section 301 of the Trade Act of 1974, which is aimed at punishing nations that permit forced labor within their borders. Sanctions are permitted both for humanitarian reasons and to offset the pricing advantages afforded by using unpaid or lowly compensated forced labor.
The provision has the advantage of having already survived a court challenge of the president’s authority to use it. During Trump’s first administration, the measure was the basis for imposing additional duties of at least 15% on certain imports from China. A federal court ruled afterward that the statute indeed granted the prerogative to the president. The U.S. Supreme Court refused to hear an appeal of the decision, in effect ratifying that the president had the authority.
But legal experts note that the Supreme Court held in a subsequent decision that the White House cannot bypass Congress in setting long-term tariffs. In February, it cited the Constitution’s allocation of authority between the two branches in striking down the first round of duties unilaterally imposed by Trump.
Those surcharges were imposed over the spring and summer of 2025. The Administration is currently in the process of reimbursing billions of dollars to importers and exporters that paid the protectionist fees.
After the Supreme Court struck down that first round, the Administration imposed 10% tariffs on virtually all imports from 60 nations, citing a different provision of the Trade Act of 1974, Section 122. The measure grants the president the power to set tariffs in time of war.
The U.S. Court of International Trade ruled that Trump had exceeded his authority in imposing the duties, since the nation was not at war in the traditional sense with the 60 nations on his list.
The White House appealed the decision, and the courts allowed the tariffs to be collected pending that decision. But the duties expire under Section 122 at midnight tonight, July 24.
Trump announced his new round of tariffs, again on 60 nations, the night of July 23.
Surcharges of 10% or 12.5% will fall on the nations as of 12:01 a.m. The White House has estimated that 99.4% of all goods imported into the U.S. will be subject to the duties.
The 60 parties include such U.S. trade partners as the European Union, the United Kingdom and Mexico.
Canada is included in the group, but Trump announced earlier that he was imposing 50% tariffs on selected goods shipped across the border from the north, including cheeses and alcoholic beverages. His stated justification was a 95-year-old law that allows the nation to impose tariffs on nation’s that discriminate specifically against the U.S. in their trade practices.
Trump has defended his use of tariffs as a means of protecting U.S. producers of goods that are cheaper to buy from abroad, and to spur domestic production of items that come from overseas.
The food-away-from-home (FAFH) industry has objected to the duties, noting that products like cocoa and coffee cannot be produced in North America.
In addition, tariffs by design drive up the price of imports, stoking domestic inflation at a time when FAFH businesses say their customers are already balking at high prices.
In announcing the new round of tariffs, Trump noted that his administration had investigated the labor policies and practices of all 60 nations and concluded that forced labor was evident in each.
As Managing Editor for IFMA The Food Away from Home Association, Romeo is responsible for generating the group's news and feature content. He brings more than 40 years of experience in covering restaurants to the position.