In May, President Donald Trump threatened to slap tariffs on Apple Inc. AAPL and Mattel Inc. MAT over their hesitance to bring manufacturing back to the U.S. Now, experts are debating whether he actually has the legal power to follow through.
What Happened: These company-specific tariff threats could potentially face legal challenges, particularly in light of a recent decision by the U.S. Court of International Trade that questioned the President’s authority to impose tariffs without Congressional action. However, this decision was temporarily suspended by a Court of Appeals decision later.
Experts opine that despite potential legal challenges, Trump does have some means to levy tariffs on specific companies to enforce his demands, reported CNN. At present, most of Trump's tariffs on Chinese imports exclude smartphones. However, a Morgan Stanley research note suggests the administration could target imported smartphones through a Section 232 investigation — a trade law provision that enables the President to impose tariffs on imports deemed a national security threat.
Although this could be a lengthy process, it is a potential tool for the administration to use on the Tim Cook-led company and target iPhones. Mattel, on the other hand, does not share the same concern, as it would be difficult to argue that Barbie dolls pose a national security threat.
Clark Packard, research fellow from Cato Institute, told CNN, "Courts are going to be fairly deferential on claims of national security by the executive branch…You're probably on a little firmer territory there (with smartphones) than you would be on Mattel."
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Why It Matters: The tariff threats come in the wake of President Trump’s aggressive stance on trade. During mid-May, Trump targeted toy giant Mattel as part of his ongoing trade dispute with China. A week later, he demanded that iPhones sold in the U.S. be manufactured domestically, threatening a 25% tariff on Apple Inc. if this was not the case.
Mattel CEO Ynon Kreiz told CNBC that the company plans to diversify its global sourcing so no single country, including China, accounts for more than 25% by the end of 2025. He ruled out shifting production back to the U.S., stating, “We don’t see that happening.”
Meanwhile, Apple is reportedly advancing a significant supply chain expansion in India via its leading manufacturing partner, Foxconn, also known as Hon Hai Precision Industry Co. Ltd. HNHAF, despite Trump’s ‘little problem with Tim Cook’ on this matter.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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