▲ Shipping containers stacked at a U.S. port
Democratic state attorneys general in the United States have stated that the Trump administration's third attempt at imposing tariffs is unconstitutional and illegal.
Rob Bonta, the Democratic Attorney General of California, announced on July 6 (local time) that he had submitted a joint letter to the Office of the United States Trade Representative (USTR), co-authored with the Democratic attorneys general of Oregon and Arizona.
Nineteen other Democratic state attorneys general also signed the letter.
In the letter, they criticized the Trump administration's current attempt to impose tariffs based on Section 301 of the Trade Act, stating, "The administration is attempting to perpetuate broad, illegal tariffs that have nothing to do with their stated purpose, using forced labor as a pretext."
They further pointed out, "The practical effect of these tariffs is not to drive behavioral change to reduce forced labor," adding that "instead, it will continue to cause economic disruption, forcing states and their residents to pay higher prices for goods."
In particular, the letter highlighted contradictions in the Trump administration's approach, noting that while it cited frozen beef from Brazil as an example of a product made with forced labor—and also mentioned coffee, copper, and cobalt—these items were paradoxically included on a tariff exemption list.
They criticized the administration, stating, "It fails to explain why it is justified to import items like these duty-free while imposing tariffs on countless other products that carry no risk of being produced by forced labor and do not distort the market."
They also argued that the Section 301 investigation, which typically takes 12 to 18 months, was rushed and completed in just two and a half months. They further claimed there are potential violations of the Administrative Procedure Act, such as treating countries that are taking measures to prevent forced labor, like Peru and Guatemala, the same as countries that are taking no action at all.
In a separate statement, Attorney General Bonta criticized the administration, saying, "After the courts found the first two attempts at imposing tariffs to be illegal, the President is once again attempting to illegally impose comprehensive tariffs on 59 countries and the European Union, which account for 99% of U.S. imports."
The Trump administration imposed global tariffs early last year based on the International Emergency Economic Powers Act (IEEPA), but the Supreme Court ruled them illegal and invalidated them in February of this year.
Immediately following the Supreme Court's decision, the Trump administration invoked Section 122 of the Trade Act to impose a 10% tariff on products from most countries, but this, too, was ruled illegal by a federal court in May.
In response, the administration announced a plan to impose additional tariffs of 10% to 12.5% on imports from 60 economic zones that have failed to prevent the trade of products made with forced labor.
The USTR plans to hold public hearings regarding this tariff proposal for three days starting July 7.
In response to a request for comment from Reuters regarding the letter from the Democratic attorneys general, the USTR stated, "We do not comment on ongoing trade investigations."
The Korea International Trade Association (KITA) submitted a statement to the USTR requesting that the 12.5% tariff imposed on South Korean products be suspended or that the rate be lowered to 10%.
(Photo: Yonhap News)
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