If you plan to import goods after Feb. 24, expect an immediate 10% tariff on most global shipments, with a possible increase to 15% in the near future. This new global tariff took effect on March 2, 2026. The recent Supreme Court decision striking down reciprocal tariffs eliminated one key tariff pathway, but the Trump administration moved quickly to replace it, so manufacturers and importers should prepare for ongoing complexity in trade policy.
New Global Tariff Under Section 122
Following the court’s decision, the administration invoked Section 122 of the Trade Act of 1974, a rarely used tool that allows the president to raise import tariffs for up to 150 days without needing congressional approval, to impose a temporary import surcharge.
Current rate: 10% tariff on most global imports (effective Feb. 24).
Possible increase: The administration has indicated a potential rise to 15%, but no formal order has been issued.
Duration: Section 122 measures will expire after 150 days unless extended by Congress.
Supreme Court Invalidates IEEPA Tariffs
On Feb. 20, 2026, the U.S. Supreme Court ruled 6-3 in Learning Resources Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not authorize presidential tariffs.
Invalidated the 2025 reciprocal and fentanyl-related tariffs.
CBP stopped collecting IEEPA-based duties on Feb. 24.
Refund procedures are still unresolved, creating uncertainty for importers.
Tariffs Still in Force
The ruling was limited and did not impact tariffs imposed under other authorities:
Section 232: Duties on steel, aluminum, copper, and automobiles remain in place.
Section 301: China tariffs remain active, with additional investigations underway.
De minimis: Suspension of the $800 duty-free threshold continues under separate authority.
Exemptions and Carve-Outs
Early guidance indicates exemptions for:
USMCA and certain FTA-compliant goods.
Select aviation, energy, and critical inputs.
Products already subject to Section 232 duties.
Current Tariff Snapshot
Section 122: Active (10%) on most global imports.
Section 232: Active on metals, autos, others.
Section 301: Active on China-focused goods.
IEEPA: Invalidated, with refunds pending certification.
Outlook: Although the Supreme Court restricted one major tariff pathway, new authorities are already being used. Manufacturers should anticipate ongoing policy changes. AMT – The Association For Manufacturing Technology will continue to monitor developments closely.
