IEEPA Tariffs Out
Supreme Court holding. The Court held that IEEPA does not authorize the President to impose tariffs because Congress never delegated tariff authority in that statute; all IEEPA tariffs were unlawful from the start.
Affected IEEPA tariffs. All tariffs imposed under IEEPA are invalid, including the “reciprocal” tariffs and tariffs on imports from China, Mexico, Canada, Brazil, and India.
Tariffs that remain in place. Other regimes are not affected, including Section 232 national security tariffs, Section 301 tariffs, and antidumping/countervailing duties (AD/CVD).
Refunds and Remedies
The Supreme Court did not create a special refund mechanism. Importers will need to use the existing Customs and court processes to seek refunds, and the options available depend on whether entries are liquidated or unliquidated.
Unliquidated entries (PSC route).
For entries that have not yet liquidated, the primary tool is a Post Summary Correction (PSC), which allows correction of duty calculations before liquidation.
PSCs generally may be filed on entries within about 300 days of importation and at least 15 days before scheduled liquidation; once an entry liquidates, PSCs are no longer available.
Liquidated entries (protest and litigation route).
After liquidation (including deemed liquidation by operation of law under 19 U.S.C. § 1504), refund claims shift to protests. Importers generally have 180 days from liquidation or reliquidation to file.
If CBP denies a protest, importers may challenge that denial at the U.S. Court of International Trade (CIT).
The CIT has confirmed its residual jurisdiction under 28 U.S.C. § 1581(i) to order reliquidation and consider refund claims tied to the now‑invalid IEEPA tariffs.
Practical next steps.
Inventory all entries where IEEPA tariffs were paid. Confirm which entries are still unliquidated and which have liquidated, including the relevant dates.
For unliquidated entries within the PSC window, consider PSCs to remove IEEPA tariff lines.
For liquidated entries within the 180‑day protest window, consider protective protests.
For older liquidations or complex exposure, evaluate whether to join or file CIT litigation.
Section 122 Tariffs In, For Now
New global surcharge. On the same day as the Supreme Court decision, President Trump proclaimed new 10 percent global tariffs under Section 122 of the Trade Act of 1974.
Rate and duration. Section 122 authorizes temporary, “nondiscriminatory” surcharges up to 15 percent. The initial action imposes a 10 percent ad valorem tariff effective February 24, 2026, for 150 days, currently scheduled to run until July 24, 2026.
Relationship to existing tariffs.The new 10 percent rate applies in addition to other tariffs, but certain products and products subject to Section 232 tariffs are excluded.
Court challenges. President Trump likely violated Section 122 by imposing the 10 percent tariffs. Section 122 actions require serious U.S. balance‑of‑payments deficits, an imminent and significant depreciation of the dollar in foreign exchange markets, or a need to cooperate with other countries in correcting an international balance‑of‑payments disequilibrium. In a court challenge, the administration will have to demonstrate that these statutory requirements were met.
Key Exclusions (Annexes I and II)
The Section 122 tariffs do not apply to certain products, for example:
Certain critical minerals
Energy and energy products
Fertilizers
Certain agricultural goods
Certain electronics
Certain aerospace products
Articles already subject to Section 232 (where 232 applies only to part of a product, Section 122 applies to the remainder)
Articles imported under the USMCA
Specified textile and apparel articles from certain FTA partners
Goods loaded on a vessel and already in transit to the United States before 12:01 a.m. EST on February 24, 2026 and entered for consumption before 12:01 a.m. EST on February 28, 2026.