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Tariff Tactics

Posts from February 2026.

IEEPA Tariffs Invalidated — Refund Questions Likely Move to the Lower Courts

This morning, the Supreme Court issued a decision holding that the International Emergency Economic Powers Act (“IEEPA”) does not authorize the President to impose tariffs.  For importers, the Supreme Court’s decision does not address the mechanics of refund claims.  As we discuss more fully below, importers should begin gathering documentation now in anticipation of filing Customs and Border Protection (“CBP”) protests or refund lawsuits in the Court of International Trade (“CIT”). 

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