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Trump creates new legal battle with Section 338 tariffs on Canada

By Bradley Dress and Eliana Hubacker ( July 22, 2026, 19:01 GMT | Comment) -- President Donald Trump this week invoked a novel law to implement sweeping tariffs on Canada, setting up what is likely a major legal clash over the interpretation of the statute and its evidentiary burden. Trump's use of Section 338 of the 1930 Tariff Act is an action no president has taken before. The law has unique language that stipulates its use only in a scenario in which an offending country has discriminated against the US but not against other countries. It's unclear who might challenge the move, but a lawsuit, or several, are expected, as the thin language of the Depression-era law raises fresh legal and constitutional questions.President Donald Trump this week invoked a novel law to implement sweeping tariffs on Canada, setting up what is likely a major legal clash over the interpretation of the statute and its evidentiary burden. ...

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