On February 20, 2026, the Supreme Court ruled that IEEPA does not confer any tariff-setting authority and effectively struck down all IEEPA duties.

The White House has issued an Executive Order that officially ends all IEEPA duties.

Subsequently, CBP issued CSMS # 67834313 - Ending Collection of International Emergency Economic Powers Act Duties declaring IEEPA no longer in effect as of February 24, 2026 at 12:00 am.

What does this mean to your company? Will you receive refunds of IEEPA duties?

The Court of International Trade (CIT) is tasked with deciding on the process to issue the IEEPA duty refunds. This will likely take several months.

Until then, we will not know what the process of obtaining refunds will be, nor what will be required from importers to secure their refunds.

Many trade attorneys urge importers to prepare for all eventualities and take every possible action to protect their potential refunds including filing protective protests on entries that are nearing the protest deadline.

It is unclear whether protests will be effective in protecting potential IEEPA refunds, but filing a protest may protect your refunds, if the CIT decides not to issue refunds on liquidated entries.

Once an entry finally liquidates (i.e,. generally 180 days beyond initial liquidation and is beyond the protest deadline, or approximately 480 days from date of entry), the only avenue for protecting your liquidated entry will be to file a lawsuit in the CIT under 28 U.S.C. 1581(i) jurisdiction.

If your company decides to proceed with a protective protest, Deringer can assist you with this service, for a fee. Please contact consulting@anderinger.com for further assistance. 

We recommend checking with a trade attorney to determine your company's best course of action to protect potential refunds.

Please note that Post Summary Correction (PSC) filings currently cannot be submitted for unliquidated entries that remove IEEPA tariffs.

Going Forward

We continue to advise importers to monitor transactions and liquidation status where IEEPA duties have been paid, as well as the amount of IEEPA duties paid.

If you don’t have an ACE account, we recommend that you establish an ACE account immediately.

• You need an ACE account to pull ACE reports to identify entries with IEEPA duties and monitor the liquidation status of these entries.

As of February 6th, 2026, CBP now issues any and all types of refunds electronically via ACH.

• We strongly recommend that importers sign up for the electronic ACH refund option, in preparation for potential IEEPA refunds. Consult Deringer’s website for detailed information on how to set up your ACH refund: Electronic Refunds Effective February 6, 2026.Please note that CBP will reject any refunds if the importer or the importer’s designated Customs Broker is not able to accept electronic refunds through ACH.

[Webinar] This Friday, February 27, 2026, at 1pm EST

2026 Tariff Turbulence: What Importers Need to Know Following the End of IEEPA

Many uncertainties remain following the Supreme Court’s February 2026 ruling that brought the IEEPA tariffs to an immediate end, followed by the introduction of new Section 122 tariffs.

Join us for a critical, real‑time briefing where Michael Roll, partner at Roll & Harris LLP and a leading international trade attorney, will break down what we know now, what’s still uncertain, and how importers can prepare for this rapid regulatory transition. 

 Save Your Spot 

On February 20, 2026, the Supreme Court ruled that the International Economic Emergency Powers Act (IEEPA) tariffs are unlawful. On the same day, U.S. President Trump issued an Executive Order (EO) with a new, broad 10% tariff imposed for 150 days under Section 122 of the Trade Act of 1974. However, on February 21, the President quickly posted on social media that he will increase the tariff to 15% effective immediately. At this time, we have no official information about the 15% proposal, but the details of the existing 10% EO are provided below.

The original EO (dated February 20th) included an ‘in transit’ provision, exempting goods on vessels at the port of loading and final in-transit mode prior to entry before 12:01 a.m. on February 24, and entered before 12:01 a.m. February 28.

The EO also included Annexes and tariff schedule numbers and exemptions, Key exemptions include:

• USMCA-compliant goods (all products originating in Canada and Mexico that qualify for duty-free treatment) and

• products subject to Section 232 tariffs (steel, aluminum, and related derivatives.)

There remains many uncertainties in this rapidly changing regulatory environment.

Deringer continues to monitor the situation very closely, and will continue to communicate formal guidance issued by the Court of International Trade (CIT), U.S. Customs and Border Protection (CBP), and the U.S. Treasury Department in the coming days.

The Supreme Court of the United States (SCOTUS) ruled today in a 6-3 decision that use of the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs, reaffirming that tariff and tax authority belongs to Congress.

The IEEPA ruling invalidates the following duties:

• Reciprocal tariffs applied broadly by country; and

• Duties tied to fentanyl/emergency declarations (imposed on Canada, Mexico, and China.)

It is very important for importers to note that this ruling does not apply to the following tariffs, that are still in effect:

• Section 232 tariffs on steel, aluminum, and copper, and

• Section 301 China tariffs and other non-IEEPA duties.

The decision still poses many unknowns, including:

• The official date of implementation, when duties under IEEPA will cease to be collected;

• If, how, and when refunds will be issued. This is a key question that will be determined by the Court of International Trade (CIT); and

• Whether or not the ruling impacts other trade agreements.

In addition to the CIT, U.S. Customs and Border Protection (CBP) and the U.S. Treasury Department will issue guidance in the coming weeks. It is anticipated that the Trump Administration will be reviewing other legal mechanisms to impose tariffs.

A.N. Deringer, Inc. will be continuously monitoring White House, CIT, CBP, and Treasury for new developments and guidance, as well as consulting our legal partners to keep our customers and stakeholders apprised as soon as new information becomes available.