The Supreme Court of the United States has ruled 6–3 that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded presidential authority. The decision invalidates the broad IEEPA-based tariffs and reaffirms that Congress holds primary authority over tariff measures.

This ruling follows earlier decisions by the United States Court of International Trade (CIT), which held that IEEPA does not authorize sweeping tariff actions and permanently enjoined enforcement of the challenged duties.

To summarize:

  1. IEEPA-based tariffs have been struck down. Duties imposed under other statutes (e.g., Section 232 or Section 301) remain unaffected.
  2. Further instruction, and implementation from CBP is required regarding any removal of IEEPA tariffs from entry requirements.  Until that instruction is delivered, entries must continue to be submitted with IEEPA tariffs in place with duty continuing to be paid. 
  3. The CIT is the governing body responsible for any potential refunds.  We are pending additional information from the CIT regarding refund procedures.  It is being stated it could take at least a year for any refunds to be issued.

We are monitoring the situation and consulting with our legal team to produce updates on possible refunds and further steps as soon as possible.