The Tariff Tightrope: Bessent’s Rare Earth Gambit Meets the Supreme Court

Nov 2, 2025

Highlights

  • Treasury Secretary Scott Bessent uses China's restrictions on dysprosium, terbium, and critical minerals to justify Trump's emergency tariffs under IEEPA, with the Supreme Court set to review the administration's legal authority.
  • Following a Trump-Xi meeting in South Korea, the U.S. suspended plans for 100% tariffs while China agreed to ease select export curbs, though the U.S. still imports 90% of separated rare earths from China.
  • The real emergency is America's underbuilt midstream capacityโ€”not tariff theaterโ€”as policy volatility creates investor uncertainty when capital stability is needed to rebuild domestic refining and magnet production.

In a striking intersection of policy and minerals, U.S. Treasury Secretary Scott Bessent has linked Chinaโ€™s recent rare earth export restrictions to justify President Donald Trumpโ€™s emergency-based tariff regime under the International Emergency Economic Powers Act (IEEPA). Rare Earth Exchanges (REEx) went on the record, suggesting POTUS focus on the rare earth element supply chain emergency as the basis for IEEPA powers. Itโ€™s an argument that just may work. After all, the crisis is real.

In an interview on Fox News Sunday, Bessent argued that Beijingโ€™s movesโ€”curbing shipments of dysprosium, terbium, and other critical elementsโ€”qualified as an โ€œemergencyโ€ threatening Americaโ€™s industrial base. His timing was tactical: the U.S. Supreme Court is set to hear arguments this week on whether the administrationโ€™s invocation of IEEPA for reciprocal tariffs is lawful.

Bessent contends the White House acted responsibly, calling the tariffs a direct response to Chinese coercion. Following an October cease-fire meeting between Trump and President Xi Jinping in South Korea, the U.S. suspended plans for an additional 100 percent tariff, while Beijing agreed to ease select rare-earth export curbs.

Separating Fact from Theater

The rare earth restrictions Bessent cites are real and significant. Chinaโ€™s MOFCOM Notices No. 18 and 61 (2025) did expand licensing to twelve REEs, including Dy, Tb, and Ybโ€”core inputs for EV motors, wind turbines, and defense applications. Supply interruptions this year indeed rattled automakers in the U.S., Europe, and Japan.

But linking those restrictions directly to Americaโ€™s fentanyl trade or trade-deficit โ€œemergencies,โ€ as Bessent implied, is more political alchemy than economic causation. The administrationโ€™s narrative of โ€œrare earth retaliationโ€ simplifies a far more complex interplay of geopolitics, industrial policy, and domestic optics. While tariffs may raise negotiating leverage, they do not build refineries, separation plants, or magnet facilitiesโ€”the actual choke points of U.S. dependency.

The Real Emergency: Industrial Execution

From a REEx standpoint, the real emergency is Americaโ€™s underbuilt midstream. The U.S. imports nearly 90 percent of its separated rare earths and over 70 percent of its magnet metals from China. Firms like Ucore, Energy Fuels, and Aclara Resources (ranked 10th in the REEx Heavy Rare Earth Element Database) are attempting to rebuild that capacity domestically. Not to mention the work of MP Materials. ย 

Yet policy volatilityโ€”swinging between tariffs and truceโ€”creates investor uncertainty precisely when capital discipline and permitting stability are needed most.

A Drama of Power and Symbolism

Bessentโ€™s defense of tariffs doubles as a campaign of symbolism: portraying the White House as the protector of national resources. Whether the Supreme Court validates that symbolism as law remains to be seen. Whatโ€™s clear is that rare earths have again become a proxy battlefield for global industrial powerโ€”and Americaโ€™s ability to refine, not just react, will determine who wins.

Source: Jason Ma, Fortune, Nov 2 2025; MOFCOM Notices No. 18 & 61 (2025); REEx HREE Database.

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By Daniel

Inspired to launch Rare Earth Exchanges in part due to his lifelong passion for geology and mineralogy, and patriotism, to ensure America and free market economies develop their own rare earth and critical mineral supply chains.

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