Overview
- The Federal Circuit ruled on Aug. 29 that most IEEPA-based duties are unlawful, and the Supreme Court granted expedited review with arguments set for early November as the stay keeps the tariffs in force.
- At issue is whether the 1977 IEEPA authorizes broad revenue-raising tariffs, with the appeals court invoking the major-questions doctrine and four dissenting judges arguing the statute confers broad emergency powers.
- Analysts warn of market volatility tied to the ruling’s scope and timing, with one TD Bank estimate putting potential corporate refunds near $100 billion if the tariffs are struck down and repayments are ordered.
- Only the IEEPA program is before the Court; other trade measures such as Section 232, Section 301, and antidumping and countervailing duties remain unaffected.
- Legal advisors urge importers to protect refund rights now by tracking liquidation, seeking extensions, filing timely protests, and preparing for litigation as authorities heighten trade-fraud enforcement.