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Supreme Court Strikes Down US Emergency Tariffs: Refunds Possible for Affected Companies?

  • The US Supreme Court ruled that President Trump did not have the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA); only Congress can set tariffs and taxes.
  • All tariffs imposed solely under IEEPA are immediately void, including the 10% base tariff (except for Mexico, Canada, and USMCA goods), country-specific surcharges (e.g., 15% for the EU), and emergency tariffs related to the fentanyl crisis and border security.
  • Tariffs based on other legal grounds (e.g., Section 232 for national security, Section 301 for trade practices, and regular MFN/HTS tariffs) remain in effect.
  • The average US import tariff rate reverts to its January 2025 level.
  • There will be no automatic refund of IEEPA tariffs; affected companies must take action to seek reimbursement, as the Supreme Court left refund questions to lower courts.

Source: bakertilly.de

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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