U.S. Supreme Court Rules on IEEPA Tariff Case – What’s Next?-Presentation Slides

Presentation Slides

Pdf Summary

Fox Rothschild’s March 6, 2026 webinar, “Decoding U.S. Tariffs,” explains how U.S. tariffs shifted after the Supreme Court’s February 20, 2026 decision in <em>V.O.S Selections Inc. v. Trump</em>. The Court held that IEEPA does not authorize the President to impose tariffs and that tariffing power belongs to Congress under Article I, meaning all IEEPA-based tariffs were unlawful from inception. Countries expected to benefit most from the ruling include China, Mexico, Canada, Brazil, and India.

Despite the ruling, several major tariff regimes remain unchanged: Section 232 national-security tariffs (e.g., steel and aluminum), Section 301 China tariffs (up to 25%), and all antidumping/countervailing duty orders. Ordinary customs duties and fees (including HMF and MPF) continue.

Refunds are a central focus. On March 4, 2026, the Court of International Trade ordered refunds of IEEPA duties to all importers. Unliquidated entries should be liquidated without IEEPA duties; liquidated entries may require reliquidation. Importers must take affirmative steps—especially filing formal protests for entries liquidated more than 90 days ago—and should analyze implications for entries involving AD/CVD.

The Administration responded quickly by rescinding IEEPA tariffs and invoking Section 122 of the Trade Act of 1974 to impose a temporary global import surcharge. Effective February 24, 2026, a flat 10% surcharge applies to most imports (expected to rise to 15%), generally excluding USMCA-qualifying goods, Section 232-covered items, and Annex I/II exclusions (e.g., critical minerals, pharmaceuticals, oil/petrochemicals). Duty drawback is permitted, and litigation challenging Section 122 has begun. Section 122 expires after 150 days (July 24, 2026) unless extended or replaced by congressional action.

The webinar urges importers to audit entries, file protests, preserve CIT rights, revalidate HS classifications to leverage exclusions, review contract duty clauses, and model financial exposure under multiple post–July 24 scenarios.

Keywords

Decoding U.S. Tariffs webinar

Fox Rothschild March 2026

V.O.S. Selections Inc. v. Trump

IEEPA tariffs unlawful

Article I congressional tariff authority

Court of International Trade refunds

importer protests and reliquidation

Section 232 national security tariffs

Section 301 China tariffs 25%

Section 122 Trade Act 1974 global surcharge