UPDATE U.S. Supreme Court Decision Strikes Down Trump Administration’s Use of IEEPA Tariffs
In response to today’s Supreme Court decision invalidating his use of the International Emergency Economic Powers Act (IEEPA) as a basis for tariff measures, President Donald Trump announced that he will instead rely on Section 122 of the Trade Act of 1974 to impose a 10 percent across-the-board global tariff on imports, in addition to existing duties.
Speaking at a White House press briefing following the ruling, the President stated that he intends to sign an executive order today “to impose a 10% global tariff under Section 122, over and above our normal tariffs already being charged,” signaling an immediate effort to reestablish his tariff program under an alternative statutory authority.
He further indicated that his administration will initiate new Section 301 and other trade investigations targeting what it characterizes as “unfair trading practices of other countries and companies,” reflecting a broader enforcement strategy extending beyond the Section 122 action.
Notably, President Trump emphasized that he does not plan to seek congressional approval for additional tariff authority, underscoring an assertive use of existing executive powers and setting the stage for potential future legal and congressional challenges concerning the scope and duration of any Section 122 measures.
Further, following today’s press conference regarding the Supreme Court’s decision on tariffs, officials did not announce an automatic refund program. Implementation details — including whether duties will be refunded and how — remain under review. Until formal instructions are issued by U.S. Customs and Border Protection (CBP), entries continue to be processed under existing guidance. Further guidance from CBP and/or the Department of Justice is expected after the Court of International Trade addresses the scope of relief.
RIM logistics, ltd. will continue to closely monitor this evolving situation and provide updates as necessary. Please reach out to your RIM representative if you have any questions.
