ARTICLE
2 March 2026

Managing The Aftermath Of The Supreme Court's Historic IEEPA Tariff Decision

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Foley & Lardner

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The Supreme Court's decision striking down the IEEPA tariffs has put significant refund opportunities on the table — but those opportunities may be lost without immediate action. Companies that paid, absorbed...
United States International Law
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The Supreme Court's decision striking down the IEEPA tariffs has put significant refund opportunities on the table — but those opportunities may be lost without immediate action. Companies that paid, absorbed, or were passed through these tariffs must now act quickly to preserve their rights, navigate complex procedural requirements, and avoid common pitfalls that could foreclose recovery.

To help companies navigate these complex issues, the Foley International Trade and Supply Chain Teams are putting on a two-part webinar.

  • Part I: Protecting Your Company's Rights to IEEPA Tariff Refunds | Thursday, February 26, 2026

    Part I of this two-part series will focus on what companies need to do now to secure those refunds. We will break down the implications of the Supreme Court's historic IEEPA decision and cover the new Section 122 tariffs that are replacing the IEEPA tariffs, as well as anticipated new developments as the administration moves to the use of new, permanent tariff regimes. Finally, we will pivot to the available legal mechanisms importers can use to enhance the chances for full recovery of IEEPA tariffs.
  • Part II: From Refunds to Risk Management: Navigating the Post-IEEPA Tariff Landscape | Wednesday, March 4, 2026

    Part II shifts from IEEPA tariff recovery to risk management. Even as refund claims move forward, companies are already facing second-order impacts: customers demanding pass-through of refunds, suppliers controlling refund rights, disputes over pricing and legal obligations relating to any refunds, and broader supply chain disruptions. In this session, we will address how companies can manage these commercial and compliance challenges, including strategies for handling refund-related disputes, restructuring contracts to allocate tariff risk, and reassessing supply chain exposure. Further, to help importers cope with a complicated tariff world characterized by high tariffs and high penalties, we will cover strategies that importers should adopt to strengthen their Customs compliance to cope with heightened Customs enforcement.

Together, these sessions provide a comprehensive roadmap—from preserving past refunds to managing ongoing tariff risk. To sign up for Part I, please click here. To sign up for Part II, please click here. And to subscribe to the Foley International Trade client alerts, including our popular What Every Multinational Should Know Series, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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