Learning Resources, Inc. v. Trump · ¶324

The Court also attempts to brush aside Algonquin by citing an entirely different provision of the Trade Expansion Act—one that was not at issue in Algonquin—that expressly refers to a “duty.” Ante, at 254. But the Algonquin Court did not rely on—or even mention—that provision when concluding that the statutory phrase “adjust the imports” includes tariffs. For good reason. That provision, which states that “[n]o action shall be taken” to “decrease or eliminate” an existing “duty or other import restriction,” 19 U. S. C. § 1862(a) (1970 ed.), concerns only the power to reduce existing tariffs and plainly does not bear on a President's power to impose tariffs under Section 232.

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