Presidential Authority to Address Tariff Barriers in Trade Agreements [Updated January 6, 2022] [open pdf - 525KB]
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). For example, Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015) authorized 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 December 2020, President Donald Trump implemented a trade agreement with the European Union regarding tariff barriers using his proclamation authority under Section 103(a) of TPA-2015. TPA-2015 expired on July 1, 2021. Congress may wish to consider whether to authorize tariff changes without congressional action in any future TPA legislation."
CRS In Focus, IF11400
Congressional Research Service: https://crsreports.congress.gov/