ARTICLE
9 March 2026

SCOTUS Tariff Decision – Refunds, Impacts, And Strategic Considerations

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Arnold & Porter

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Are you prepared for the shifting trade landscape following the Supreme Court's decision striking down tariffs imposed under the International...
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Are you prepared for the shifting trade landscape following the Supreme Court's decision striking down tariffs imposed under the International Emergency Economic Powers Act (IEEPA)?

On February 20, the Court held 6-3 in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc. that IEEPA does not authorize the President to impose revenue-raising tariffs, invalidating approximately $180 billion in duties collected to date.

In response, the administration has terminated the IEEPA tariffs and imposed new temporary tariffs under Section 122 of the Trade Act of 1974, while signaling additional investigations under Sections 301 and 232 that could result in further tariff actions. These developments present immediate compliance and strategic considerations for importers and multinational companies.

Our speakers will discuss:

  • The Court's reasoning and its implications for presidential trade authority
  • Refund considerations and potential proceedings before CBP and the Court of International Trade
  • The scope of the new Section 122 tariffs, including key exclusions
  • Anticipated Section 301 and Section 232 investigations
  • Strategic considerations in an evolving tariff environment

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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