About Section 338, Trump’s Latest Tariff Cudgel: Explainer

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About Section 338, Trump’s Latest Tariff Cudgel: Explainer

July 22, 2026

United States
United States
United States
Bloomberg Law

As US trade policy continues to shift, partner Mark Herlach spoke with Bloomberg Law about the specific language of Section 338 and how it may affect the policy debate and potential litigation as to whether duties imposed under Section 338 must be proportional to the alleged discrimination against US commerce caused by other countries’ trade practices.

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markherlach@eversheds-sutherland.com

Mark D. Herlach

Partner

Washington, DC, United States

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