The Trump administration is using the Smoot-Hawley Tariff Act as legal authority for tariffs on Canada.

Posted by Behind the Bastards, Oct 3, 2026Checked Nov 2, 2026

Polygraph verdictTrue

Sources: 4 support
Said: 1 time·
Confidence: 90%

Behind the BastardsOct 3, 2026

Multiple sources state that the Trump administration invoked Section 338 of the Tariff Act of 1930, which is commonly called the Smoot-Hawley Act, as the legal basis for 50% tariffs on Canadian goods, and these tariffs were in effect by late August 2026, before the October 3 posting date. The post's garbled 'Holly Smoot' reference reasonably resolves to Smoot-Hawley.

This claim is about the present, so it is judged as of the day it was checked.

What was said

… he wants by making up legal authority, and then they just stay in effect until a bunch of months later when they're found to be illegal, which point he's moved on to the next tariff. Again, we're one tariff cycle behind with the Section 301 tariffs, right? He's already using Holly Smoot for the Canada tariffs. Now, it is worth noting this is part of the reason I'm talking about the Section 301 tariffs, is that Trump is also threatening to do a different set of Section 301 tariffs. …

Behind the Bastards · Oct 3, 2026· from the transcriptPost →

What we found

Supports. AP reporting (via PBS, published 2026-08-29) says Trump invoked Section 338 of the Tariff Act of 1930 to impose a 50% tax on $20 billion of Canadian imports, and that the 1930 legislation is known as the Smoot-Hawley Act.[1]

Supports. Radio-Canada (published 2026-10-30) states the duties are applied through Section 338, also known as the Smoot-Hawley Act, and that the Trump administration argues Canada's retaliation amounts to discrimination.[2]

Supports. Grant Thornton (published 2026-08-25) reports that Trump invoked Section 338, also known as the Smoot-Hawley Tariff Act, and that the resulting 50% duties took effect August 22 on about $20 billion of Canadian exports.[3]

Supports. Yahoo Finance (published 2026-10-20) reports that the administration's legal justification for 50% tariffs on Canadian goods was Section 338 of the Smoot-Hawley Tariff Act.[4]

Context. The legal authority is contested: a lawsuit filed by the Liberty Justice Center argues Section 338 was superseded by later laws, and the tariffs have not yet been tested in court.[2][4]