The path of U.S. tariff policies

Who makes, imposes, administers and collects U.S. tariffs? The U.S. Congress, but for the last several decades, it has been at the discretion of the U.S. President, who has been given tariff-setting authority. Under the International Emergency Economic Powers Act, 1977, U.S. President Donald Trump has imposed reciprocal and universal tariffs on over 60 countries.

The U.S. Congress has the power to make, change and implement trade policy for the country. Following the Great Depression, Congress began delegating tariff-setting authority to the President. The day he became U.S. President, on Jan 20, 2025, Donald Trump established the “America First Trade Policy” and has used decades-old legislation, in particular Section 203 of the International Emergency Economic Powers Act, 1977, previously only used for sanctions, to impose tariffs on trade partners. Over 60 countries, including U.S. partners and allies, have had reciprocal and universal tariffs imposed on them via Executive Order 14257.

This infographic details U.S. tariff policy implementation and statutes to show who makes, imposes, administers and collects U.S. tariffs.

U.S. Implementation of Tariffs Explained (2)

Nina Robinson is a Council on Foreign Relations (CFR) International Affairs Fellow, India.

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