Experts say that Trump's use of Article 122 requires declaring a depreciation of the US dollar or a deficit in revenue and expenditure

Jennifer Sherman, a professor of international trade law at Georgetown University, said that if Trump implements an additional 10% tariff under Section 122, he would need to declare that the United States has a "serious balance of payments deficit" or that the US dollar is about to depreciate significantly. The tariff under Article 122 only lasts for 150 days, and any extension requires approval from Congress. In contrast, Section 301 tariffs are long-term and require investigation of specific countries, including hearings and opinions from affected parties, to ultimately determine that the country has violated trade agreements or increased the trade burden on the United States.