Presidential Authority to Address Tariff Barriers in Trade Agreements Under Section 103(a) [January 8, 2020] [open pdf - 504KB]
From the Document: "The U.S. Constitution grants Congress the power to regulate trade with foreign nations and to lay and collect duties. Since the 1930s, Congress has periodically authorized the President to negotiate trade agreements and, among other actions, proclaim changes to U.S. tariff rates- known as Trade Promotion Authority (TPA). Currently, Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015) authorizes the President to enter into trade agreements with foreign countries to reduce 'duties or other import restrictions' that the President determines are 'unduly burdening and restricting' the United States' foreign trade and to proclaim limited changes to U.S. tariff rates without further congressional action. In September 2019, President Donald Trump announced his intention to enter into a free trade agreement (FTA) with Japan regarding tariff barriers using his limited proclamation authority under Section 103(a)."
CRS In Focus, IF11400
Congressional Research Service: https://crsreports.congress.gov/