This content is provided for informational purposes only and does not constitute legal or customs compliance advice. Brands and retailers remain responsible for ensuring shipments comply with applicable laws and regulations. Consult with your legal counsel and your customs broker to understand your obligations and the impact of court decisions.
What is the 2026 U.S. Supreme Court ruling on tariffs?
On February 20, 2026, the U.S. Supreme Court struck down certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA), ruling that the authorities granted to the President under the IEEPA did not include the power to impose tariffs.
This ruling applies only to tariffs imposed under IEEPA. Other tariffs on U.S. imports charged by and paid to the US government, including tariffs imposed under Sections 122 and 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962, are not affected by this ruling.
How do I request a refund on duties related to the U.S. Supreme Court ruling?
To learn more about who can request a refund on duties related to the U.S. Supreme Court ruling on IEEPA tariffs and how to begin the formal refund process, review How do I request a refund for International Emergency Economic Powers Act (IEEPA) duties?
How do I prepare for an IEEPA tariff refund claim?
If you believe you paid a tariff under IEEPA, you can take the following steps while awaiting further guidance:
- Confirm the type of tariff you paid
- Not all duties were imposed under IEEPA. It’s important to confirm whether your shipment was assessed an IEEPA-related tariff or another type of duty (such as Section 301, Section 232, or standard customs duties).
- Your carrier or customs broker can help confirm:
- Whether your shipment was subject to an IEEPA-related tariff
- The specific tariff authority or program applied
- Gather and retain the following documentation:
- Your tracking number(s)
- Duty or tariff invoices/receipts
- Customs entry documents (if available)
- Any communication from your carrier or broker regarding the tariff
Your carrier or customs broker can advise whether a refund claim may become available and what documentation would be required.
How can I determine if my order was subject to IEEPA tariffs?
To confirm if an order was subject to the IEEPA tariff, the most reliable method is to consult with your customs broker. They may walk you through your CBP Form 7501, Customs Entry Summary, which is filed with CBP when your goods enter the United States and shows the official tariff classifications and duty calculations used at the time of entry.
You typically won’t find the legal tariff authority on the commercial invoice. Commercial invoices include product descriptions, value, and country of origin, but they don’t usually identify which trade program was applied at customs entry.
Even if you don’t have a copy of the CBP Form 7501, you can still ask your customs broker or carrier and request confirmation of the tariff authority used for your shipment.
Why do I still see a duties estimate at checkout?
The February 20, 2026 Supreme Court ruling applies only to tariffs imposed under IEEPA. Tariffs imposed under other applicable trade programs—such as Section 122, Section 232, or Section 301—are not impacted by the Supreme Court’s decision and may still be in effect.
The duties estimate you see at checkout reflects the current duties imposed by the U.S. government. Because other tariffs remain active, duties may still apply to your order.
To review previous tariff policies still in effect from 2025, please review 2025 Tariffs Updates, impact to Retailers.
Do the duties estimates at checkout reflect the current policy?
Yes, our duty estimates have been updated to reflect current tariff rules, including changes resulting from the Supreme Court decision.
Duties shown at checkout are estimates only. When goods enter the country, the carrier or customs broker pays the estimated duties to the customs authorities on behalf of the importer. Customs authorities then make a final determination of duties (“liquidation”). It typically takes around a year to liquidate the entry; if the final assessment exceeds the estimate paid at the time of entry, then the customs authorities will charge the difference to the importer through the customs broker.
What new tariffs have been imposed?
A temporary 10% ad valorem import duty has been imposed on certain articles imported into the United States.
This temporary import duty:
- Applies for a period of 150 days.
- Took effect on February 24 at 12:01 a.m. Eastern Standard Time.
An ad valorem duty means the tariff is calculated as a percentage of the value of the imported goods.
If you’re unsure whether this temporary duty applies to your shipment, your carrier or customs broker can confirm how your goods were classified and which tariff programs were applied.
Can I cancel or refuse my shipment if the duties bill is higher than expected?
You can’t cancel an order after it has shipped, even if the final duties charged by the carrier are higher than the estimate shown at checkout.
Retailers are required to accept all confirmed orders placed on Faire. Once you place an order, you’re responsible for receiving the delivery.
If you refuse a shipment:
- The package may be abandoned or destroyed by the carrier.
- You may still be responsible for return shipping costs, duties, and additional carrier fees.
- Refusing delivery may affect your account standing on Faire.
To understand the full impact of refusing a shipment, visit Can I refuse a package I ordered on Faire?
If this is your first order with a brand, you may be eligible for a free return after accepting delivery. To learn more about eligibility requirements and timelines, visit How do returns work?.
What if I placed an order prior to the Supreme Court ruling?
Tariffs and duties are determined based on the date your goods are entered into U.S. customs, not the date you placed the order, the shipment date, or the departure date.
This means:
- If your order was placed before February 20, 2026, but entered U.S. customs after that date, the duties in effect at the time of customs entry will apply.
The duties estimate shown at checkout is based on the tariff rules in place at the time you place your order. Because tariff rules can change before your shipment clears customs, the final duties charged by the carrier may differ from the estimate provided at checkout.
The final amount owed is determined by the CBP at “liquidation,” which typically happens around a year following entry, but can happen sooner.
Do USMCA exemptions remain in place?
Yes, at this time, USMCA (United States–Mexico–Canada Agreement) exemptions remain in place.
The recent Supreme Court ruling addressed certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA). It did not change the existing trade framework under USMCA.
This means that if your goods qualify for preferential tariff treatment under USMCA:
- Eligible goods may continue to receive duty-free or reduced-duty treatment.
- You must still meet USMCA rules of origin requirements.
- Proper documentation, such as a USMCA certification of origin, is still required by your carrier or customs broker.
If you’re unsure whether your products qualify under USMCA, your carrier or customs broker can confirm eligibility and documentation requirements for your specific shipment.