Supreme Court tariff ruling: Financial and operational issues for importers

ARTICLE | February 22, 2026

Authored by RSM US LLP

Executive summary: Key takeaways from the Supreme Court’s tariffs ruling

The U.S. Supreme Court’s ruling that the International Emergency Economic Powers Act (IEEPA) cannot be used to impose broad tariff programs marks a new phase in U.S. trade policy and has prompted the Trump administration to shift quickly to other statutory tools, including a temporary global tariff.

While the decision invalidates certain earlier emergency tariffs, there was no defined refund process immediately—and no assurance that one will emerge. Clarity will depend on future administrative and legal steps.

Importers should not wait for that clarity. Now is the time to understand which entries were affected, quantify the potential impact and organize documentation so the business can respond efficiently once agencies issue guidance. Preparing this foundation will help companies stay agile as tariff policy continues to evolve.

Supreme Court tariffs ruling: A new phase in the tariff policy cycle

Businesses that have paid duties under the second Trump administration’s tariffs face fresh financial and operational considerations following the U.S. Supreme Court’s ruling that the IEEPA cannot be used to impose broad, stand alone tariff programs.

Shortly after the ruling on Feb. 20, 2026, President Donald Trump issued an executive order imposing a temporary 10% global tariff for 150 days under a different statutory authority, section 122. He subsequently indicated the global tariff would increase to the maximum of 15%. Meanwhile, certain sector-specific tariffs—such as those on Canadian autos, steel and aluminum—are not affected by this ruling and remain in place.

The tariff, which would apply in addition to existing duties, is intended to replace certain emergency measures affected by the Court’s decision. The administration also stated that it will initiate several unfair trade practice investigations, adding another layer of potential change for importers.

These developments indicate the Court ruling is not the end of the current tariff cycle. Instead, they mark a new phase in which the administration explores its options under more established and procedurally structured authorities.

In turn, this latest round of tariff policy uncertainty underscores the importance for businesses to understand their exposure, model different outcomes and monitor forthcoming guidance. A trade and tariff advisor can help companies limit disruption and respond quickly as tariff policies develop.

No defined refund process—and no certainty there will be one

Although the Court struck down the tariff programs imposed under IEEPA, there is currently no defined process for how duties previously paid under those programs will be treated.

Customs and Border Protection (CBP) has not issued guidance, and several legal and administrative steps would need to occur before any process becomes clear.

Businesses should not presume that refunds will occur or that any particular pathway will become available. At this stage, there is no guarantee that a refund mechanism will ultimately be established.

What importers can do to respond and adapt to evolving tariff policies

Uncertainty does not need to lead to inaction, however. Importers can take the following practical steps now to position themselves to respond efficiently once agencies provide direction:

Understand your IEEPA exposure: Identify which entries were subject to IEEPA-based tariffs, when they were assessed, and liquidation status of those entries. This visibility is essential groundwork for responding effectively once CBP outlines next steps.

Quantify the potential impact: Document the scale and characteristics of duties paid under the affected programs—by product category, country of origin, tariff action and time period. This analysis will help your business evaluate its options once administrative procedures are defined.

Organize data so you can move quickly later: Businesses with clean, accessible documentation—including entry summaries, payment records and harmonized tariff schedule (HTS) classifications—will be able to act more efficiently if CBP issues instructions that affect past entries or if new tariff measures alter trade flows.

Please connect with your advisor if you have any questions about this article.

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This article was written by Mark Ludwig, Jodi Ader and originally appeared on 2026-02-22. Reprinted with permission from RSM US LLP.
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