Today, the Supreme Court struck down President Trump’s use of the International Emergency Economic Powers Act of 1977 (“IEEPA”) as the basis for imposing tariffs. In a 6-3 split decision in Learning Resources, Inc. v. Trump, consolidated with Trump v. V.O.S. Selections, the Supreme Court held that the language of IEEPA “does not authorize the President to impose tariffs.” This affirms the judgement of the Court of Appeals for the Federal Circuit in the V.O.S. Selections case, while vacating the judgement of the District Court for the District of Columbia in the Learning Resources case.
As noted by Justice Kavanaugh in his dissent, “[t]he Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers."
While not mentioned in the Court’s opinion, this ruling striking down the use of IEEPA as the legal basis for the President to impose tariffs will also presumably apply not just to the IEEPA reciprocal tariffs and the fentanyl-related tariffs imposed against China, Canada and Mexico, but also to other country-specific tariffs imposed by President Trump pursuant to IEEPA.
In the wake of the Court striking down the imposition of IEEPA-based tariffs – including the reciprocal tariffs and the fentanyl-related tariffs, importers now will be faced with determining if and how they will be able to obtain refunds for the invalid IEEPA-based duties that have been paid. Importers with entries that have not liquidated will presumably file post summary corrections with CBP on those open entries to remove the IEEPA-based duties. Importers with entries that have liquidated will need to pursue other options to obtain a refund, such as filing protests where available. We will likely need to wait to see what options CBP and the Court of International Trade come up with for processing refunds before importers will know exactly what avenues they can take to recover the duties that were collected.
Here is the developing landscape of U.S. tariffs as of February 20, 2026:
| U.S. Tariff Measure | Status | |
Global [Canada & Mexico Exempt] | Reciprocal tariffs – 10% ad valorem duty Country specific duty rates of 15% to 50% ad valorem Certain goods excluded
| STRUCK DOWN: 2/20/2026 Revised 11/20/2025 Implemented 4/2/2025 Executive Order Establishing Tariffs Executive Order Revising Tariffs CBP Bulletin on Excluded Electronics Executive Order Reducing China Tariff Rates Fed. Circuit Administrative Stay Fed. Circuit Order Granting Motion to Stay Executive Order Implementing US-UK Trade Deal Executive Order Extending Effective Date of Country-Specific Tariffs Executive Order Suspending Duty-Free de minimis Treatment Executive Order on Brazil Tariffs Executive Order Modifying Reciprocal Tariffs Executive Order on India Tariffs Executive Order Extending China Tariff Rates Executive Order Implementing US-Japan Trade Deal Executive Order Modifying Reciprocal Tariff Coverage Implementing Elements of EU Framework Agreement Executive Order Modifying Reciprocal Tariff Rates for China Executive Order Modifying Reciprocal Tariff Rates on Certain Agriculture |
| Canada | 10% ad valorem duty on non-USMCA-qualifying energy and potash 25% ad valorem duty on all other non-USMCA-qualifying products of Canada | STRUCK DOWN: 2/20/2026 Implemented: 3/4/2025; 4/2/2025 (updated) |
| Mexico | 25% ad valorem duty on all non-USMCA-qualifying products of Mexico | STRUCK DOWN: 2/20/2026 Implemented: 3/4/2025; 4/2/2025 (updated) |
| China | 10% ad valorem duty on all products of China (reduced from original rate of 20%) | STRUCK DOWN: 2/20/2026 Implemented: 3/4/2025 CBP Fed Reg Notice Fed. Circuit Administrative Stay |
| Global | All goods imported from a country determined to be directly or indirectly purchasing, importing, or otherwise acquiring any goods or services from Iran, since February 7, 2026 – discretionary variable rate ad valorem duty may be imposed | Implemented: 2/6/2026
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| Global | All goods imported from a country determined to have sold/provided oil to Cuba since January 30, 2026 – discretionary variable rate ad valorem duty may be imposed | Implemented: 1/29/2026
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| Global | Semiconductors – 25% ad valorem duty on imports of specified semiconductors and derivative products | Implemented: 1/14/2026 |
| Global | Critical Minerals – trade negotiations directed regarding imports of processed critical minerals and derivative products | Implemented: 1/14/2026 |
| Nicaragua | Section 301: Acts, Policies, and Practices Related to Labor Rights, Human Rights and Fundamental Freedoms, and the Rule of Law January 1, 2026 - 0% ad valorem duty on all products of Nicaragua not under CAFTA-DR January 1, 2027 – 10% ad valorem duty on all products of Nicaragua not under CAFTA-DR January 1, 2028 – 15% ad valorem duty on all products of Nicaragua not under CAFTA-DR | Implemented: 12/12/2025 (effective 1/1/2026) |
| Global | Medium & Heavy Duty Trucks – 25% ad valorem duty on imports of medium-duty trucks, heavy-duty trucks, and medium- and heavy-duty truck parts
10% ad valorem duty on imports of buses and motor coaches | Implemented 10/17/2025 |
| China | Section 301: Cranes/Cargo Handling Equipment – 100% ad valorem duty on imports of STS cranes and other cargo handling equipment | Implemented 10/16/2025 (effective 11/9/2025) Suspended 11/10/2025 |
| Global | Lumber – 10% ad valorem duty on imports of softwood timber and lumber 25% ad valorem duty on imports of certain upholstered wooden products 25% ad valorem duty on imports of kitchen cabinets and vanities Reduced tariffs on subject imports from U.K., the E.U., and Japan
| Implemented 9/29/2025 Executive Order Initiating Sec. 232 Investigation DOC Request for Public Comments |
| Global | Copper – 50% ad valorem duty on imports of semi-finished copper products and intensive copper derivative products | Implemented: 7/30/2025 Executive Order Initiating Investigation |
| Global | Steel – 50% ad valorem duty on imports of steel articles and derivative products with no exemptions or exclusions
25% ad valorem duty on imports of steel articles and derivative products from the United Kingdom. Certain aerospace products from the United Kingdom exempt. | Revised 6/4/2025 Implemented: 3/12/2025 Proclamation on Sec. 232 Duties Executive Order Removing “Stacking” of Tariff Programs Proclamation Increasing Tariff Rate Executive Order Implementing US-UK Trade Deal Commerce Fed Reg Notice Adding Derivative Products |
| Global | Aluminum – 50% ad valorem duty on imports of aluminum articles and derivative products with no exemptions or exclusions
25% ad valorem duty on imports of aluminum articles and derivative products from the United Kingdom. Certain aerospace products from the United Kingdom exempt. | Revised 6/4/2025 Implemented: 3/12/2025 Proclamation on Sec. 232 Duties Executive Order Removing “Stacking” of Tariff Programs Proclamation Increasing Tariff Rate |
| China | Section 301: Chinese Vessels – Port Entry Fees on Chinese owned or built vessels, and foreign-built car carriers. | Implemented: 4/17/2025 Suspended 11/10/2025 USTR Notice of Action/Proposed Action, Request for Comments, and Notice of Public Hearing |
| Global | Automobiles – 25% ad valorem duty on imports of automobiles (with certain allowances for USMCA-qualifying autos) and certain automobile parts (with limited tariff offsets).
Import quota and reduced tariffs for automobiles and automobile parts from the United Kingdom. | Implemented 4/3/2025 (effective 5/3/2025 for automobile parts) Proclamation on Sec. 232 Duties Proclamation with HTS Amendments Proclamation Establishing Tariff Offsets on Parts |
| Global IEEPA | All goods imported from any country that imports Venezuelan oil – discretionary 25% ad valorem duty may be imposed | Implemented 4/2/2025
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| Global | Personal Protective and Medical Equipment – potential tariffs on imports of personal protective equipment, medical consumables, and medical equipment, including devices | Pending: Section 232 Investigation DOC Initiation and Request for Public Comments
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| Global | Robotics and Industrial Machinery – potential tariffs on imports of robotics and industrial machinery | Pending: Section 232 Investigation DOC Initiation and Request for Public Comments
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| Global | Wind Turbines – potential tariffs on imports of wind turbines and their parts and components | Pending: Section 232 Investigation |
| Brazil | Section 301: Brazil's Acts, Policies, and Practices Related to Digital Trade and Electronic Payment Services; Unfair, Preferential Tariffs; Anti-Corruption Enforcement; Intellectual Property Protection; Ethanol Market Access; and Illegal Deforestation | Pending: Section 301 Investigation
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| Global | Unmanned Aircraft Systems – potential tariffs on imports of unmanned aircraft systems (UAS) and their parts and components | Pending: Section 232 Investigation |
| Global | Polysilicon – potential tariffs on imports of polysilicon and its derivatives | Pending: Section 232 Investigation |
| Global | Aircraft and Engines – potential tariffs on imports of commercial aircraft and jet engines, and aircraft/engine parts | Pending: Section 232 Investigation |
| Global | Pharmaceuticals– potential tariffs on imports of pharmaceuticals, pharmaceutical ingredients, and derivative products | Pending: Section 232 Investigation |
| Canada | Aircraft – potential 50% ad valorem duty on imports from Canada | Proposed: 1/29/2026, announced by President Trump on Truth Social |
Denmark Finland France Germany Netherlands Norway, Sweden U.K. | 10% ad valorem duty on imports from designated countries relating to Greenland, to be effective Feb. 1, 2026 with increase to 25% on June 1, 2026 | Proposed: 1/17/2026, announced by President Trump on Truth Social, walked back on 1/21/2026 |
| Global | 100% tariff on movies produced outside of the United States | Proposed: 5/4/2025 and 9/29/2025, announced by President Trump on Truth Social |
| Global | 100% ad valorem duty as “secondary tariffs” on countries that do business with Russia. | Proposed: 7/14/2025, announced by President Trump |
| Global | 200% ad valorem duty on imports of pharmaceuticals (currently subject to Sec. 232 investigation) | Proposed: 7/8/2025, announced by President Trump at cabinet meeting |
| E.U. | 25% ad valorem duty on all products of the E.U. | Proposed: 2/26/2025, superseded by Reciprocal Tariffs |
This list will be updated weekly as new tariffs are implemented and new targets for tariffs are identified by President Trump and the administration.
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