Learning Resources, Inc. v. Trump · ¶38

What common sense suggests, congressional practice confirms. When Congress has delegated its tariff powers, it has done so in explicit terms, and subject to strict limits. Congress has consistently used words like “duty” in statutes delegating authority to impose tariffs. (A customs “duty” is simply “the federal tax levied on goods shipped into the United States.” Black's Law Dictionary 638 (12th ed. 2024).) See, e. g., 19 U. S. C. § 1338(d) (“rates of duty”); §2132(a) (“temporary import surcharge . . . in the form of duties”); § 2253(a)(3)(A) (“duty on the imported article”); § 2411(c)(1)(B) (“duties or other import restrictions”). It has capped the amount and duration of tariffs. See, e. g., § 1338(d) (50% cap); § 2132(a) (15% cap, 150-day time limit); § 2253(e) (50% cap, phasedown requirement after one year). And it has conditioned exercise of the tariff power on demanding procedural…

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