If a country is not a member of the WTO, then the U.S. government is free to apply the Smoot-Hawley Tariff if it feels it is appropriate.

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The Smoot-Hawley Tariff was a protectionist tariff passed by the United States in 1930. It raised tariffs on over 20,000 imported goods, and is widely considered to have contributed to the Great Depression. The United States is a member of the World Trade Organization (WTO), which prohibits its members from imposing tariffs on each other's goods. However, the WTO does not have jurisdiction over non-members, so the U.S. government is free to apply the Smoot-Hawley Tariff to goods imported from countries that are not members of the WTO.

If a Country Is Not a Member of the WTO