You cannot escape the news but finding clarity is another issue.  On Friday, February 20, 2026, the U.S. Supreme Court issued a decision overturning the President’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs [ 24-1287 Learning Resources, Inc. et al v. Trump et al (02/20/2026)] and VOS Selections v. United States.

In a Proclamation and Fact Sheet issued shortly thereafter, the President indicated that he would be terminating the IEEPA tariffs and authorizing new section 122 tariffs (Trade Act of 1974) of up to 15 % on all goods, for a period of 150 days, except for:

• (a) certain critical minerals;
• (b) metals used in currency and bullion;
• (c) energy and energy products;
• (d) natural resources and fertilizers that cannot be grown, mined, or otherwise produced in the United States or grown, mined, or otherwise produced in sufficient quantities to meet domestic demand;
• (e) certain agricultural products, including beef, tomatoes, and oranges;
• (f) pharmaceuticals and pharmaceutical ingredients;
• (g) certain electronics;
• (h) passenger vehicles, certain light trucks, certain medium- and heavy-duty vehicles, buses, and certain parts of passenger vehicles, light trucks, medium- and heavy-duty vehicles, and buses;
• (i) certain aerospace products;
• (j) information materials, donations, and accompanied baggage;
• (k) all articles and parts of articles currently or that later become subject to additional import restrictions imposed pursuant to section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) (section 232);
• (l) articles that are entered free of duty as a good of Canada or Mexico under the terms of general note 11 to the Harmonized Tariff Schedule of the United States (HTSUS), including any treatment set forth in subchapter XXIII of chapter 98 and subchapter XXII of chapter 99 of the HTSUS, as related to the Agreement between the United States of America, United Mexican States, and Canada; and
• (m) textile and apparel articles that are entered free of duty as a good of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua under the Dominican Republic-Central America Free Trade Agreement.

See Annex I and Annex II of the February 20th Proclamation for additional details on product exclusion coverage.

The temporary import duty under Section 122, TA 1974, will take effect February 24 at 12:01 a.m. eastern standard time. Additional information can be found in the Proclamation.

The February 20th Proclamation also includes an In-transit exemption from the Section 122 Tariffs (See paragraph 15) for goods that:

• Were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States, before 12:01 a.m. eastern standard time on February 24, 2026; and
• Are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. eastern standard time, February 28, 2026.

Be sure to check 19 CFR 141.68 for rules on determining the date of entry.

In CSMS # 67834313, dated 02/23/2026, CBP indicated that all duties imposed pursuant to IEEPA will no longer be in effect and will no longer be collected for goods entered on or after 12:00 a.m. eastern time on February 24, 2026.

CBP will update the Automated Commercial Environment (ACE) programming, and all Harmonized Tariff Schedule of the United States (HTSUS) numbers applicable to the IEEPA tariffs will be inactive in ACE as of February 24, 2026.

CBP will provide additional guidance to the trade community through CSMS messages as appropriate. As of yet, CBP has not released any information on how importers may file for refunds on either liquidated or unliquidated entries. We expect, however, that CBP and the U.S. Treasury Department will work with the U.S. Court of International Trade (CIT) and plaintiffs to establish an appropriate refund procedure. If not, we expect to pursue further litigation regarding which importers are entitled to a refund and how these may be pursued.

For further information about this and other customs matters, contact George Tuttle III at geo@tuttlelaw.com or 415-986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

Copyright © 2026 by Tuttle Law
All rights reserved. 

Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.