Refund of IEEPA tariffs following the U.S. Supreme Court ruling (20 February 2026): what EU companies need to know now

Facts since the ruling of the U.S. Supreme Court

The Learning Resources case originally concerned the question of whether the American president could impose import tariffs on the basis of the International Emergency Economic Powers Act (IEEPA). On 20 February 2026, the U.S. Supreme Court ruled that the IEEPA does not provide a legal basis for imposing tariffs. It did not rule on the practical consequences, such as possible reimbursement. 

On the day itself, the president responded by introducing a new tariff regime by presidential proclamation. This time, it was based on Section 122 of the Trade Act of 1974.  This section allows the president to impose an additional import tariff of up to 15% for 150 days when serious balance of payments imbalances occur. By Presidential Decree of Friday 20 February, the president made use of this to install a 10% additional tariff on top of the Most Favoured Nations (MFN) tariff. There is also a list of exceptions, such as for energy products, certain metals, critical minerals, etc. The exceptions are explained in the appendix to the proclamation. The tariff came into effect on Tuesday 24 February. Any extension after 150 days must be approved by Congress. In principle, Congress cannot reverse the tariffs imposed during the 150 days. Over the weekend, President Trump announced on social media that the additional tariff would be 15% rather than 10%. 

However, this is not (yet) official. On Monday, Customs & Border Protection (CBP) issued CSMS #67834313 with the implementation details for the termination of the additional IEEPA tariffs. Shortly afterwards, CSMS # 67844987 was issued with the specific implementation modalities for the introduction of the new tariff. This only refers to a 10% additional tariff.

Meanwhile, the European Parliament has instructed the European Commission to seek clarification on the tariffs, including their impact on the Turnberry Agreement of late July last year, which is still to be approved by the European Parliament. 

There is pressure on Congress to come up with a balanced solution, taking into account the American budget. 

To date (Thursday, 26 February, 9 a.m. Brussels time), we are not aware of any new tariff changes.

Refund of American import duties 

The tariffs declared "illegal" by the U.S. Supreme Court are those imposed under the International Emergency Economic Protection Act. Only these tariffs may be eligible for refunds. The 50% tariffs imposed on certain steel, aluminium or copper products under Section 232 of the U.S. Trade Expansion Act of 1962 are not covered.

The President has imposed four types of tariffs under the International Emergency Economic Powers Act (IEEPA):

• The "fentanyl" tariffs on goods originating in Canada, China and Mexico. The "fentanyl" tariffs took effect on 4 February 2025 for China and on 4 March 2025 for Canada and Mexico.
• The reciprocal tariffs, which came into effect on 5 April 2025. These are the tariffs that were set on Liberation Day, 2 April 2025. 
• The free speech tariffs on goods of Brazilian origin, which came into effect on 6 August.
• The secondary tariffs on goods of Indian origin, which came into effect on 27 August.

It should be noted that for goods of EU origin, the effect of the so-called Turnberry Agreement of late July 2025 will in all likelihood have an impact on the calculation of any additional ad valorem duty that may be recoverable under IEEPA.

Based on the Executive Order of 8 August 2025, President Trump has determined that for goods from the European Union with a Most-Favoured Nation (MFN) import duty of less than 15 per cent, the total tariff will be supplemented to 15 per cent. For goods from the European Union with an MFN import duty of 15 per cent or higher, no additional ad valorem import duty will be applied. In other words, if your MFN tariff is higher than 0 per cent, the full 15 per cent cannot be reclaimed. If the MFN tariff is already higher than 15%, no additional 'IEEPA' duties will be paid from August onwards.

Options for refunds

When a customs declaration for an import into the USA has been submitted, the import duties owed become final at the time of liquidation. When an entry is liquidated, a refund may be excluded unless the importer takes action. It is therefore important that an importer understands the normal liquidation cycle and the options for seeking a refund. Most entries are liquidated by operation of law approximately 314 days after the date of entry. Subject to any applicable exceptions, liquidation concludes judicial review and the possibility of a refund expires. 

Entries subject to the "fentanyl" tariffs on goods originating in China are expected to begin liquidating on or after 15 December, followed by Canadian and Mexican "fentanyl" entries from 12 January 2026. Entries subject to reciprocal tariffs are expected to begin liquidating on 13 February. Entries subject to Brazilian "free speech" tariffs will liquidate on 16 June, and entries subject to Indian secondary tariffs will liquidate on 7 July.

These dates determine the final windows for deploying administrative or judicial instruments to secure the possibility of refunds per programme.

Options: 

• Post summary corrections (PSC): If an import has not yet been cleared, a regular administrative correction procedure can in principle be followed. Once these PSCs have been accepted, the refund process can be initiated.  PSCs can generally be submitted up to 300 days after the date of entry.
  If the entry has been liquidated, a Protest or proceedings before the Court of International Trade may still be initiated.
   
• Protests are entry-specific administrative appeals filed with the US Customs and Border Protection (CBP). The CBP has up to two years to decide on Protests, which can slow down this route for refunds, even if the IEEPA duties have been declared unlawful. Protests must be filed within 180 days of liquidation.
   
• Proceedings before the Court of International Trade (CIT): If the administrative procedures do not produce the desired result, proceedings before the CIT may be considered. It is advisable to first exhaust the administrative procedures and seek the assistance of a local expert solicitor.