I'm not a lawyer or even close to it, but why wouldn't the trump admin use the tariff act of 1930? quote:
"Whenever the President shall find as a fact that any foreign country places any burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid, he shall, when he finds that the public interest will be served thereby, by proclamation specify and declare such new or additional rate or rates of duty as he shall determine will offset such burden or disadvantage, not to exceed 50 per centum ad valorem or its equivalent, on any products of, or on articles imported in a vessel of, such foreign country"
it does cap it at 50%, but I mean it seems like a much easier way to justify the tariff. is there something else about it that isn't as practical (other than being almost 100 years old)
"Whenever the President shall find as a fact that any foreign country places any burden or disadvantage upon the commerce of the United States by any of the unequal impositions or discriminations aforesaid, he shall, when he finds that the public interest will be served thereby, by proclamation specify and declare such new or additional rate or rates of duty as he shall determine will offset such burden or disadvantage, not to exceed 50 per centum ad valorem or its equivalent, on any products of, or on articles imported in a vessel of, such foreign country"
it does cap it at 50%, but I mean it seems like a much easier way to justify the tariff. is there something else about it that isn't as practical (other than being almost 100 years old)