About Section 338, Trump’s Latest Tariff Cudgel: Explainer

Circular glass atrium interior modern architectureCircular glass atrium interior modern architecture

About Section 338, Trump’s Latest Tariff Cudgel: Explainer

July 22, 2026

United States
United States
United States
Bloomberg Law

As US trade policy continues to shift, partner Mark Herlach spoke with Bloomberg Law about the specific language of Section 338 and how it may affect the policy debate and potential litigation as to whether duties imposed under Section 338 must be proportional to the alleged discrimination against US commerce caused by other countries’ trade practices.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Services

Key contacts

markherlach@eversheds-sutherland.com

Mark D. Herlach

Partner

Washington, DC, United States

Latest Insights

  • legal updates
  • legal updates
  • legal updates
  • legal updates

Latest News

  • firm news
  • client news
  • client news
  • firm news

Latest Events

40701102_XXL

legal updates

September 17, 2026

Modern office building glass facade exterior

legal updates

September 16, 2026

Modern city high‑rise buildings glass exterior

legal updates

September 15, 2026

nature

legal updates

September 14, 2026

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.