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Home North America Supply Chain

Supreme Court Strikes Down IEEPA Tariffs: 10% Section 122 Duties Now in Effect

2026/05/07
in North America Supply Chain
0 0
Supreme Court Strikes Down IEEPA Tariffs: 10% Section 122 Duties Now in Effect

According to www.chrobinson.com, the U.S. Supreme Court has ruled that broad tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were unlawful — effectively terminating those duties. The decision does not address refunds, leaving timing, eligibility, and process for repayment of past tariffs uncertain and subject to further government action or litigation.

Action Steps for Importers

To preserve rights to potential refunds, supply chain professionals are advised to:

  • Review current customs entries — especially those nearing key deadlines
  • For closed (liquidated) entries, file a protest within 180 days of the liquidation date
  • For open entries, monitor for liquidation dates to take timely action
  • Consult a trade attorney regarding possible filings with the Court of International Trade

Tools recommended include U.S. Tariff Impact Analysis, ACE Import Intelligence, and U.S. Customs Analytics.

New Tariff Authority Activated Immediately

Importantly, the ruling does not signal a retreat from aggressive trade policy. Within hours, new Section 122 tariffs of 10% were imposed on imports for 150 days, with some exceptions. This legal mechanism replaces the invalidated IEEPA authority and maintains tariff pressure on targeted goods.

Global Ripple Effects

The European Union has signaled hesitance about ratifying its recent trade deal with the United States in light of the ruling. While no prior agreements or related tariffs have been undone, and all such reactions remain at the discussion stage, supply chain leaders are cautioned against making sourcing decisions based solely on the Supreme Court decision.

De Minimis Suspension Extended

On February 20, 2026, the White House issued an executive order continuing the suspension of de minimis treatment for imports from all countries, regardless of origin. Previously, low-value parcels could enter duty-free; this exception is now fully suspended. International mail shipments continue to follow guidance issued on September 22, 2025.

Canada–China EV and Agricultural Trade Agreement

Canada and China reached a bilateral trade agreement lowering tariffs on electric vehicles (EVs) and agricultural products. Under its terms:

  • Canada will allow 49,000 Chinese EVs to be imported at a reduced tariff rate of 6.1%, down from 100% imposed in 2024
  • A three-year review clause is included to assess implementation and benefits to Canada

Refund Replacement Process Updated

U.S. Customs published new instructions for requesting replacements for refunds that were undeliverable, stale-dated, or rejected due to shippers’ non-enrollment in the Automated Clearing House (ACH) refund program. These instructions follow the February 6, 2026, enforcement of a mandatory electronic refund requirement.

Source: www.chrobinson.com

Compiled from international media by the SCI.AI editorial team.

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