On Friday, February 20, the U.S. Supreme Court ruled that tariffs cannot be applied under the International Emergency Economic Powers Act (IEEPA). The collection of duties under IEEPA will end effective 12:01 a.m. ET, February 24, 2026.
Duties imposed pursuant to IEEPA under the following presidential actions, including all modifications and amendments, will no longer be in effect and will no longer be collected for goods entered for consumption or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on February 24, 2026.
More specifically, the following tariffs will no longer apply:
- 35% tariff imposed against goods originating from Canada under Executive Order 14193, Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border, 90 Fed. Reg. 9113 (Feb. 1, 2025).
- 25% tariff imposed against goods originating from Mexico under Executive Order 14194, Imposing Duties To Address the Situation at Our Southern Border, 90 Fed. Reg. 9117 (Feb. 1, 2025).
- 10% tariff imposed against goods originating from China under Executive Order 14195, Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s Republic of China, 90 Fed. Reg. 9121 (Feb. 1, 2025).
- 25% tariff imposed against products originating from any country that imports oil from Venezuela under Executive Order 14245, Imposing Tariffs on Countries Importing Venezuelan Oil; 90 Fed. Reg. 13829 (Mar. 24, 2025).
- Baseline 10% “reciprocal” tariff (in some cases a higher tariff rate) imposed on all goods imported into the U.S. irrespective of origin under Executive Order 14257, Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits, 90 Fed. Reg. 15041 (Apr. 2, 2025).
- 40% “free speech” tariff imposed on goods originating from Brazil under Executive Order 14323, Addressing Threats to the United States by the Government of Brazil, 90 Fed. Reg. 37739 (July 30, 2025).
- 25% tariff on goods originating in India (already rescinded previously) under Executive Order 14329, Addressing Threats to the United States by the Government of the Russian Federation, 90 Fed. Reg. 38701 (Aug. 6, 2025), as amended.
Refund on duties already paid
At this time, there is no official guidance with respect to refunds on duties paid under IEEPA. The administration of IEEPA refunds will be determined by the U.S. Court of International Trade (CIT), which is currently reviewing the matter.
There are many questions about refunds and the refund process. At this time, there remain many unknowns.
Importers are encouraged to begin reviewing their trade-compliance data to understand how the removal of IEEPA duties from tariff stacking affects their duty obligations, declaration information and requisite documentation at time of entry into the commerce of the United States.
Other tariffs still in effect
It is important to note that the removal of IEEPA tariffs does not apply to tariffs imposed under different legal statutes, such as Section 232 of the Trade Act of 1962 or Section 301 of the Trade Act of 1974.
Numerous tariffs have been imposed under Section 232 over the course of the past year, including (but not limited to) tariffs on steel, aluminum, steel and aluminum derivatives, copper, wood, automobiles, auto parts, and more. It is important to understand whether your products are subject to tariffs under Section 232 or only under IEEPA, as tariffs imposed under Section 232 will continue to be applied.
Potential future tariffs being reviewed
Section 301 tariffs can be imposed after legislative due diligence on products from countries seen to be engaging in unfair or unlawful trade practices.
While the current U.S. administration has not imposed tariffs under Section 301, tariffs were imposed against China under Section 301 by the first Trump administration and later expanded by the Biden administration.
In addition, the current administration has numerous Section 301 investigations running concurrently and there is a possibility that additional Section 301 tariffs may be imposed in the coming weeks and months. Section 301 tariffs can be imposed on specific products coming from a specific country or can apply to a broad range of products from a specific country. Additional Section 232 investigations that could potentially (though not necessarily) lead to tariff actions are also currently underway.