What are Section 122, 301 and 232 tariffs Trump is considering?

U.S. President Donald Trump alluded to Section 301, 232 and 122 tariffs during his press conference on Friday (February 20, 2026) after the U.S. Supreme Court said his use of emergency powers granted by them was unlawfully used to impose sweeping tariffs on imports.

U.S. Supreme Court rejects Trump tariffs LIVE

Mr Trump used the IEEP to impose ‘reciprocal tariffs’ on countries on April 2, 2025. He had imposed IEEP based tariffs on Mexico, China and Canada for failing, he said, to adequately control the flow of migrants and fentanyl into the U.S. On Friday (February 20, 2026), Mr. Trump said he would explore “other alternatives” to work around the Supreme Court decision.

“We will get back to the same tariff level for the countries. It will just be in a less direct and slightly more convoluted manner,” U.S. Treasury Secretary Scott Bessent said on Friday (February 20, 2026). Here’s a loo at what Section 122, 301 and 232 tariffs are:

Section 122

Section 122 of the Trade Act of 1974 permits the U.S. President to impose tariffs of up to 15% on a country to address “a large and serious United States balance-of-payments deficit”. The tariff may be applied for not more than 150 days unless its duration is extended by the U.S. Congress. The President is also required to consult with Congress regarding the implementation and continuation of this tariff. This section of U.S law has never been used previously. Mr. Trump has said he will initiate a Section 122 process on Friday (February 20, 2026) to apply a global tariff of 10%.

Section 301

Section 301 of the U.S.’s Trade Act of 1974 allows for tariffs to be imposed after the U.S. Trade Representative (USTR) finds that a trade partner of the U.S. has engaged in what it deems as “unfair” trade practices. These have been initiated in the past against numerous countries , including India.

As of this writing, hours following Mr. Trump’s press conference reacting to the Court ruling, no 301 probe had been registered against India. The last 301 probe against India was in response to New Delhi’s digital services tax in 2020 by the first Trump administration.

However, in November 2021, under the administration of U.S. President Joe Biden, the countries reached a deal on this – following India joining the Organisation for Economic Co-operation and Development’s (OECD) global minimum tax framework. India would phase out the digital tax (Equalisation Levy), and first abolished the 2 % e-commerce levy and then the 6 % digital advertising levy.

Section 232

Tariffs based on Section 232 of the U.S. Trade Expansion Act of 1962 are levied on specific sectors — rather than comprehensively — after the Secretary of Commerce deems them necessary on national security grounds. Presidents of the U.S. have sometimes not acted on the Department of Commerce’s finding that a national security threat exists.

The Trump administration has deployed 232 tariffs before and currently imposes these on countries in several sectors. For instance, India faces 232 tariffs on steel and aluminium, automobiles, copper and derivatives, etc. It is possible for companies to receive exceptions, and this has previously been offeredas a politically palatable way for the U.S. to keep tariffs in place, but in practice to apply them in a limited way.

Donald trumpSome Indian exports currently affected by 232 tariffs could be impacted (i.e., benefited) by the U.S.-India trade agreement announced on February 2. For instance, tariffs will be removed on certain aircraft and aircraft parts that the White House had announced. India will receive a preferential tariff rate quota (TRQ) for automotive parts. India will also potentially be able to trade with the U.S. on negotiated outcomes in the generic pharmaceuticals and ingredients sector, subject to a 232 investigation.