Congressional and Presidential Authority to Impose Import Tariffs, R48435

… circumstances [Section 122] authority is not likely to be utilized,”192 possibly referring to the recent collapse of the Bretton Woods system. Section 338 of Tariff Act of 1930: Tariffs to Address Discrimination Against the United States Section 338 of the Trade Act of 1930193 directs the President to impose tariffs on articles produced by, or imported on the vessels of, foreign countries that discriminate against U.S. commerce in certain ways.194 As of the time of this writing, the United States has never imposed tariffs under Section 338, although some international trade lawyers observe the statute has sometimes been used as “leverage” in negotiations with other countries.195 Some news reports indicate Section 184 See Trade Reform Act of 1973, 93 H.R. 6767, 93d Cong. (as introduced in House, Apr. 10, 1973) (“[A] serious balance-of-payments deficit shall be considered to exist whenever the President determines that—(A) the balance of …