Trump revives dormant Smoot-Hawley authority

Axios Axios

President https://www.axios.com/politics-policy/donald-trump" target="_blank">Trump is invoking https://www.axios.com/2026/07/21/trump-tariffs-imports-canada" target="_blank">an unused provision of the 1930 Smoot-Hawley Tariff Act to impose additional tariffs on Canada over alleged discrimination against U.S. exports.

Why it matters: As the https://www.axios.com/2026/02/20/trump-tariffs-supreme-court-illegal" target="_blank">Supreme Court limits Trump's ability to wield tariffs and a temporary tariff stopgap expires, the president is turning to a rarely used tariff authority.


Driving the news: Trump on Monday announced an additional 50% tariff on select Canadian imports that would take effect in August under https://www.cov.com/-/media/files/corporate/publications/2016/12/law360_the_presidents_long_forgotten_power_to_raise_tariffs.pdf" target="_blank">Section 338 of the Tariff Act of 1930, better known as the Smoot-Hawley Tariff Act after its congressional sponsors.

  • The administration says the measure responds in part to Canada's retaliation against earlier U.S. tariffs and will affect about $20 billion in Canadian goods.
  • It is another setback for Canada after the administration declined to immediately renew the current protections and framework of the https://www.axios.com/2018/11/30/trump-trudeau-usmca-trade-deal-signing-g20" target="_blank">U.S.-Mexico-Canada Agreement.

What they're saying: "Trump's use of Section 338 tariffs on Canadian imports were narrow, targeted, and in response to unfair Canadian trade practices," White House spokesperson Kush Desai tells Axios in an emailed statement.

  • "Comparing the President's recent executive action with the full gambit of tariffs enacted in 1930 during the Great Depression is a moronic exercise."

Fun fact: Many Americans know the law from the economics classroom https://www.youtube.com/watch?v=yuOHbyuanbY&t=1s" target="_blank">scene in "Ferris Bueller's Day Off," where actor Ben Stein lectures on Smoot-Hawley's role in the Great Depression.

Here's how the Smoot-Hawley Tariff Act worked:

Where did they come from?

As the economy deteriorated in 1929, lawmakers moved to protect U.S. industries from foreign competition.

What did it do?

Smoot-Hawley increased the average tariff rate by about 20% and signaled a major expansion of U.S. https://www.axios.com/2026/06/24/bessent-trump-economic-globalization" target="_blank">protectionism.

  • Within two years, roughly two dozen countries had protested or retaliated with tariffs of their own, helping reduce global trade.
  • One of the hardest-hit industries was U.S. auto manufacturing.

    Countries cut imports of American-made cars by roughly 46%, according to a National Bureau of Economic Research https://www.nber.org/system/files/working_papers/w28616/w28616.pdf" target="_blank">report.

  • The act became politically unpopular, and voters shifted control of Congress to Democrats in 1932.

    Voters booted Smoot and Hawley out of office.

What modern options have presidents used?

President Franklin Delano Roosevelt signed the https://history.state.gov/milestones/1921-1936/export-import-bank" target="_blank">Reciprocal Trade Agreements Act in 1934 to reduce tariffs and expand international trade.

  • The law allowed presidents to negotiate reciprocal tariff reductions with other countries through authority delegated by Congress for three-year periods.
  • Roosevelt negotiated trade agreements with 19 countries under the RTAA between 1934 and 1939.
  • The RTAA later became the framework for post-World War II trade liberalization.

What was the impact on the Great Depression?

Reality check: The tariffs had a "relatively minor" effect on overall U.S. GDP and the Great Depression because international trade accounted for less than 10% of the U.S. economy, according to the NBER report.

Yes, but: The resulting slowdown in global trade deepened the U.S. economic downturn.

The bottom line: Smoot-Hawley did not cause the Great Depression, but its effect on global trade worsened an economic collapse already underway.

Go deeper: https://www.axios.com/2026/07/20/trump-tariffs-canada-trade-war" target="_blank">U.S. to slap 50% tariffs on Canadian goods, deepening North America trade war

Read full article at Axios →