Bessent says the Trump administration will be capable of replicate the tariffs even when it loses the Supreme Court docket resolution

NEW YORK – Treasury Secretary Scott Bessent predicted Wednesday that the government will still be able to implement its tariff agenda regardless of whether it prevails in a pending Supreme Court case.

Bessent reiterated his claims before the Supreme Court hearing a month ago, citing several sections of the 1962 Trade Act that give the president broad authority over import tariffs.

“We can use it to replicate the exact tariff structure [sections] 301, at 232, at 122,” he said during an onstage interview at the New York Times DealBook Summit.

When asked by moderator Andrew Ross Sorkin — founding editor of DealBook and co-host of CNBC’s “Squawk Box” — whether the government needed to implement these measures permanently, Bessent replied: “permanently.”

Section 122 allows tariff electricity for up to 150 days, but 301 and 232 are less clear on a time frame. Bessent also noted that the International Emergency Economic Powers Act provides for broad customs powers, although that is the application being considered by the Supreme Court.

President Donald Trump has used tariffs as a preferred negotiating tool against US trading partners. The president has imposed tariffs on a wide range of products and virtually all imports entering the country, although he has rolled back many of the more aggressive measures.

Bessent pointed to some of the government’s successes to date, naming China in particular, despite ongoing tensions between the two nations.

“Because of the fentanyl tariffs, the Chinese are taking the first step forward that they have taken” in terms of trade, he said. Bessent added that China has made “strong efforts” to stop imports of the drug into the US

He added that he still believes the U.S. has a good chance of prevailing in the Supreme Court case.

In another matter, Bessent dodged a question about Trump’s choice for the next Federal Reserve chair, citing the central bank chief’s limited power over interest rates. Recent reports suggest that National Economic Council Director Kevin Hassett is the leading candidate.

“The important thing here is to remember that this is a board [there are] “Several other voters from the regional banks,” he said. “The chair of the Federal Reserve has the ability to move and start the discussion, but at the end of the day … he or she is a voice.”

Bessent recently told CNBC that he believed Trump could make the decision by Christmas, but the president suggested it might not come until the new year.