Supreme Court strikes down IEEPA tariff authority; Section 122 15% global surcharge takes effect February 24
February 20, 2026: Alert distributed following publication of the Supreme Court opinion and Presidential Proclamation.
Cost: Most goods move to a 15% Section 122 surcharge in addition to any applicable Section 301 or Section 232 duties. Immediate landed cost recalculation is required.
Timing: No systemic clearance disruption is expected, but implementation guidance and system updates may create short term processing friction around the February 24 effective date.
Execution: Exemption categories, including USMCA goods, pharmaceuticals, critical minerals, and specified electronics, require verification. Unconfirmed SKUs may default to dutiable status pending documentation.
Before the February 24 effective date:
Validate exemption status at the SKU and HTS level. Refresh landed cost models using the 15% Section 122 surcharge plus any applicable Section 301 and Section 232 duties. Review duty exposure for in transit shipments and evaluate refund eligibility for previously collected IEEPA duties. Confirm broker entry instructions align with updated surcharge codes before implementation.
CBP implementation: CSMS messages, ACE updates, and documentation requirements tied to Section 122 entries beginning February 24.
Refund pathway: Treasury or CBP guidance, or Court of International Trade filings, clarifying procedure and timing for IEEPA duty recovery.
- Supreme Court: Learning Resources, Inc. v. Trump, Opinion , Feb 20, 2026.
- White House: Presidential Proclamation, Section 122 temporary import surcharge , effective Feb 24, 2026 (150 days).
- White House: Executive Order, termination of certain IEEPA tariff actions
- CBP: CSMS Message, ending collection of IEEPA duties / ACE guidance