Will Trump be forced to refund $175 billion in revenue earned via his emergency tariffs? | DW News

DW NewsAbout 5 min readFeb 22, 2026Watch original
THE SUMMARYAI-generated

Donald Trump's New Tariffs & Global Trade Implications

Key Concepts:

  • Section 122 of the 1974 Trade Act: Legislation allowing tariffs in response to balance of payments crises.
  • Section 301 Investigations: Investigations into unfair trade practices, often leading to tariffs.
  • Supreme Court Ruling: The recent decision striking down previous tariffs imposed by Trump as illegally enacted.
  • Tariffs: Taxes imposed on imported goods, intended to protect domestic industries but potentially impacting global trade.
  • Balance of Payments: The difference between a country’s inflows and outflows of money.

I. Escalation of Tariffs Following Supreme Court Ruling

Donald Trump has announced a new round of global tariffs, increasing the levy on imports from worldwide trading partners from 10% to 15%. This action directly follows a United States Supreme Court ruling that invalidated most of his previously imposed trade tariffs, deeming them illegally implemented. The initial reaction in France, exemplified by a cognac maker, expressed frustration, with the maker stating, “President Trump says, 'You do what I tell you, otherwise I punish you. We don't deserve to be punished. We're human beings.'" The cognac maker noted that orders from the US had ceased during the height of the previous tariffs but briefly resumed after the court ruling, only to be threatened again by the new levies. Trump justified the new tariffs by stating he would sign an order to impose a 10% global tariff “over and above our normal tariffs already being charged” under Section 122, and initiate Section 301 investigations to address perceived unfair trade practices. He subsequently escalated this to a 15% rate, claiming the new tariffs have been legally vetted.

II. Analysis of Trump’s Actions & Legal Framework

Jeffrey Frankle, a professor at the Harvard Kennedy School and former advisor to the US President's Council of Economic Advisors, characterized Trump’s actions as potentially volatile and indicative of defiance towards the Supreme Court. He noted Trump’s tendency to change his mind frequently and highlighted that the court’s decision simply upheld previous lower court rulings affirming Congress’s constitutional authority over tariff policy. Frankle suggested that the Supreme Court’s “no” to Trump is a significant development, potentially encouraging markets.

The legal basis for the new tariffs rests on Section 122 of the 1974 Trade Act, originally intended for use during a balance of payments crisis – specifically, the period following the breakdown of the Bretton Woods system of fixed exchange rates in the early 1970s. Frankle pointed out that this section was even considered and ultimately rejected for use during the Reagan administration. He anticipates Trump will continue to utilize any available legal justification, including national security concerns, to impose tariffs, regardless of legal challenges.

III. Impact on Global Markets & Trade Deals

Frankle believes the financial markets may have become accustomed to Trump’s unpredictability, potentially mitigating the immediate impact. However, he emphasized the broader negative effect on businesses of all sizes, citing a wine importing business as a lead plaintiff in the lawsuit against the original tariffs, facing potential closure due to the high costs.

Maurice Obsfeld, a senior fellow at the Peterson Institute for International Economics, acknowledged that global markets have shown a degree of resilience to Trump’s policy shifts. He stated that the president has “statutory authority to impose 15% tariffs for a period of 150 days,” allowing him to maintain tariffs while seeking new legal avenues for their extension. Obsfeld characterized tariffs as Trump’s primary economic tool, used to coerce other countries into adopting policies favorable to the US. He quoted Trump’s own assessment, stating that tariffs are “the most beautiful word in the English language,” suggesting their continued use.

Regarding US-EU trade relations, Obsfeld noted the 15% tariff applies to countries that haven’t reached comparable trade deals with the US, raising questions about the future of the planned US-EU trade agreement. He also mentioned the European Parliament’s suspension of consideration of the trade deal due to the Greenland issue, further complicating the situation.

IV. Impact on Businesses

The video highlights the direct impact on businesses. A wine importing business was a lead plaintiff in the suit against the original tariffs, facing potential bankruptcy due to the high costs. The uncertainty and frequent changes in policy create significant challenges for businesses of all sizes – small, medium, and large – making long-term planning and investment difficult.

V. Congressional Role & Timeframe

Under US law, the House of Representatives has 150 days to decide whether the newly imposed high tariffs will remain in place. This provides a potential check on the President’s authority.

Data & Statistics:

  • 10% to 15%: The increase in global tariffs announced by President Trump.
  • 150 days: The timeframe granted to the House of Representatives to decide on the continuation of the tariffs.
  • 1974: The year Section 122 of the Trade Act was enacted.

Conclusion:

President Trump’s decision to raise global tariffs despite the Supreme Court ruling demonstrates a continued commitment to using trade policy as a tool for coercion and a defiance of judicial oversight. While the immediate market reaction may be muted due to prior experience with Trump’s unpredictability, the long-term implications for global trade, US-EU relations, and businesses of all sizes remain significant. The 150-day window granted to Congress represents a crucial opportunity to potentially restrain the President’s tariff policies, but the ultimate outcome remains uncertain. The reliance on Section 122, a law originally intended for a specific economic crisis, raises concerns about the appropriate use of this legislation and the potential for further legal challenges.

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