Analysis of Trump’s Import Tariff Increase Policy According to GATT

Abstract

The debate regarding the United States' compliance with multilateral trade rules governed by the General Agreement on Tariffs and Trade (GATT) has re-emerged as a result of the import tariff increase policy planned by President Donald Trump in 2025. This policy, driven by the "America First" slogan, carries a significant potential to violate fundamental GATT principles, such as the Most-Favoured-Nation (MFN) principle (Article I), which prohibits discrimination, and the tariff commitments (bound rate) in Article II that set maximum tariff limits. This research aims to analyze the import tariff increase policy based on the GATT legal framework, as well as to explore its global impact and the potential for disputes within the World Trade Organization (WTO). This study employs a qualitative descriptive approach with a literature review methodology, utilizing secondary data from international legal documents, academic journal articles, and official publications from the WTO. Data analysis is conducted using a content analysis approach to assess the tariff policy's conformity with GATT provisions, including exception clauses such as safeguard measures (Article XIX) and general exceptions (Article XX). The analysis reveals that discriminatory tariff increases that exceed the bound rate without a legitimate process could violate the United States' international obligations. The policy also appears to exploit loopholes in GATT's Article XXI (Security Exceptions) as a pretext for economic protectionism, which has the potential to trigger disputes at the WTO and threaten the stability of the global trading system.