Update: US Supreme Court Strikes Down IEEPA Tariffs
The Supreme Court struck down the IEEPA tariffs, but the ruling addressed only their legality. It did not clarify whether tariffs will be refunded, nor did it specify when or how tariff collection will stop. Since implementation took months, unwinding the process is also expected to take time.
In a 1:15 p.m. press conference today, President Trump announced that Section 232 and Section 301 tariffs will remain in effect. He also stated that a new 10% global tariff under Section 122 will take effect in three days. By statute, Section 122 tariffs are valid for 150 days unless extended by Congress.
The President indicated there is no clear determination yet on whether previously collected tariffs must be refunded, noting the issue will likely be litigated and could take up to five years to resolve. When asked if the countries that have negotiated deals will have to pay an extra 10% on top of what they already negotiated, he advised that the 10% will be on top of normal tariffs already being charged.
Now that the Supreme Court has struck down the IEEPA Tariffs, the inevitable questions are now being asked, and we wanted to provide you with some answers. Below are some common questions we have received today, along with our answers.
Does this mean shipments arriving today won’t be subject to tariffs? Answer: No, the US Customs system is programmed to reject entries that do not have the IEEPA tariffs applied. This programming needs to be removed before we can stop applying the tariffs for release.
What about entries that were filed already, but the statement hasn’t paid yet? Can those duties be removed? Answer: There is no mechanism currently to remove the IEEPA tariffs. Until US Customs provides a process on how we can do this, we can’t stop it.
As US Customs shares updates, we will keep you informed as soon as they are available. CV International is committed to implementing the processes as soon as they are provided.
Best Regards,
Director of Compliance & Customs Services