From AFOA General Counsel, Olsson Frank Weeda:
Here you will find a client memorandum analyzing the U.S. Supreme Court’s February 20, 2026, decision in Learning Resources, Inc. v. Trump striking down President Trump’s IEEPA-based tariffs, including the reciprocal and fentanyl tariffs previously invalidated by lower courts.
Key Highlights:
- IEEPA tariff authority ruled unlawful, opening potential refund opportunities for affected importers (we recommend immediate review of entries).
- President Trump responded with a 10% global tariff under Section 122 and new Section 301 investigations to maintain leverage.
- Ongoing U.S. trade deals (EU, UK, Indonesia, etc.) face uncertainty but are likely to hold via non-tariff commitments; partners are in urgent talks.
This ruling significantly impacts CIT filings, compliance strategies, and tariff mitigation for your imports. Our team is prepared to assist with protests, refund claims, deal assessments, or Section 301 responses.
Update as of February 23, 2026:
Earlier today, President Trump announced on Truth Social that the tariff rate for the Section 122 tariffs scheduled to go into effect at 12:01 a.m. EST on February 24 will be 15%, rather than the 10% contained in the Presidential Proclamation issued yesterday. Please note that this change will not be official unless and until it is implemented via an Executive Order or Proclamation, which has not yet occurred.
We will continue to monitor this situation and will update you on all significant developments.