U.S. Supreme Court strikes down IEEPA tariffs

The trade relationship between the U.S. and the EU is once again shifting now that the U.S. Supreme Court has overturned the IEEPA tariffs imposed under Trump. As a result, the collection of these duties stops immediately, and refunds will follow in due course, although the timeline remains unclear. In the meantime, the U.S. government is switching to a temporary import tariff of 10% (potentially increasing to 15%) under Section 122. This tariff can be applied for a maximum of 150 days and can only be extended with approval from Congress.

For importers of consumer and industrial goods, including much containerized cargo, this situation may trigger early spikes in demand. Since energy, agricultural products, metals and aviation components are largely exempt, the impact shifts significantly toward the retail and manufacturing sectors. At the same time, Washington is working on new, more structural measures under Sections 301 and 232, which require more time but will be less abrupt. For Dutch SME importers, this marks a period of heightened volatility and a strategic need to prepare scenarios.

The legal uncertainty also affects existing trade agreements that the U.S. concluded in 2025 with the EU, the UK and Japan. Although formally still valid, their political foundation has become unstable. Within the European Parliament, voices are calling for ratification to be postponed until there is more clarity. Industry association Evofenedex advises importers to keep detailed records of all declarations on which IEEPA duties have been paid, given the potentially significant refunds. They also emphasize the importance of diversifying markets and increasing organizational agility to respond quickly to new measures.