WASHINGTON, D.C. — South Korean Ambassador to the United States Kang Kyung-wha stated on Monday (local time) that the South Korean government will respond to the recent U.S. Supreme Court ruling—which invalidated tariffs imposed under the International Emergency Economic Powers Act (IEEPA)—in a manner that "most strictly aligns with the national interest."
Speaking at a press conference with South Korean correspondents at the Korean Cultural Center in Washington, Kang addressed the complex fallout of the court's decision and the Trump administration's immediate "Plan B" shift to alternative trade laws.
Navigating the "Plan B" Tariff Landscape
While the Supreme Court’s ruling marked a legal setback for the Trump administration's use of IEEPA for broad tariffs, the victory for exporting nations may be short-lived. In an immediate countermove, the White House activated a 10% "Global Tariff" under Section 122 of the Trade Act, with President Trump already signaling an intent to hike that rate to 15%.
"While the court invalidated the previous legal basis, uncertainty remains regarding the refund procedures for tariffs already paid by our companies," Ambassador Kang noted. She emphasized that the embassy is working closely with Korean businesses and economic organizations to ensure they receive accurate information as the U.S. Treasury and USTR formulate follow-up measures.
The South Korean government is also bracing for a potential Section 301 investigation—a tool used during Trump’s first term for the trade war with China—which allows for retaliatory tariffs against "unfair trade practices." A decision on whether to launch such an investigation against South Korea is expected by early March.
Safeguarding the "Joint Factsheet" and Strategic Cooperation
A primary focus of Kang’s briefing was the "Joint Factsheet," a bilateral agreement involving high-level cooperation in nuclear and defense sectors. This agreement was originally part of a deal to lower reciprocal tariffs from 25% to 15%, but it has faced turbulence following President Trump’s recent social media complaints regarding delays in South Korea’s investment legislation.
Ambassador Kang detailed the government’s proactive efforts to stabilize the partnership:
Legislative Action: Formation of a bipartisan parliamentary committee to expedite the "U.S. Investment Special Act."
Institutional Support: Launch of a Strategic Investment Implementation Committee to review projects even before the law's formal passage.
Three Core Pillars: Ensuring "high-speed progress" in nuclear enrichment/reprocessing, nuclear-powered submarines, and shipbuilding cooperation.
"The U.S. recently announced the 'Maritime Action Plan' (MAP), which includes opportunities for partnership with allies," Kang added. "We will leverage this to ensure a win-win outcome in the shipbuilding sector."
Monitoring North Korea and the "April Summit"
Turning to security, Ambassador Kang analyzed the ongoing 9th Congress of the Workers' Party of Korea. She noted that Kim Jong Un’s re-election as General Secretary signifies a "further solidified status" and a push to display economic and military achievements as "irreversible."
The most critical diplomatic window is approaching in April, when President Trump is scheduled to visit China. Kang confirmed that the embassy is "closely monitoring all possibilities," including a potential resumption of U.S.-North Korea dialogue during that trip.
"The U.S. side consistently maintains that there is no change in their North Korea policy and has promised that no 'surprises' will occur without close prior and post-communication with Seoul," Kang said. To reinforce this coordination, Jeong Yeon-doo, head of the Foreign Ministry's Strategy and Intelligence Bureau, arrived in the U.S. today for high-level consultations.
Tensions Over Tech and Consumer Privacy
The briefing also touched upon the recent U.S. House Judiciary Committee’s summoning of Harold Rogers, interim CEO of Coupang, regarding alleged discrimination against the company in South Korea. Ambassador Kang reiterated the government’s stance that strict investigations into personal data leaks are a necessary measure for consumer protection and not a targeted trade barrier.
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