Repeal §338 of the Tariff Act of 1930 to Reduce Unilateral Tariff Escalation

I am a constituent of yours, and I am writing to urge you to introduce or co-sponsor legislation to repeal Section 338 of the Tariff Act of 1930 (19 U.S.C. § 1338). Section 338 authorizes the President to impose additional tariff duties as retaliation in response to certain forms of alleged foreign discrimination. While retaliatory authority may be framed as leverage in trade disputes, this provision is also a fast, largely unilateral escalation mechanism. In practice, it can increase the risk of sudden tariff changes that ripple through supply chains, raise costs for downstream businesses and consumers, and invite reciprocal retaliation. These dynamics are especially harmful because they can be triggered on a broad statutory theory that does not consistently align with the more structured, evidence-based processes used in modern trade policy tools. I also believe Section 338 is largely obsolete in today’s trade environment. Congress has developed other, more specific mechanisms for addressing unfair trade practices and trade-related disputes, typically with clearer procedural guardrails, defined evidentiary standards, and narrower scopes. Repealing Section 338 would remove an older “tariff retaliation” hook that is not well suited to current trade governance needs. For these reasons, I respectfully request that you support legislation to repeal 19 U.S.C. § 1338 and any related provisions. If repeal is not achievable, I ask that you pursue at minimum a bill that substantially narrows the statute’s scope and adds meaningful procedural constraints before any duties can be imposed. Thank you for your attention to this request and for your service to our community. I would appreciate information on your position and any legislative actions your office plans to take regarding Section 338.