Tariff Task Force

Since the beginning of President Donald Trump’s second administration, global businesses across nearly every sector have been navigating a constantly changing tariff environment. In the most substantial shift to date, on Feb. 20, 2026, in the consolidated cases Trump v. V.O.S. Selections and Learning Resources, Inc. v. Trump, the Supreme Court ruled that the president may not use the International Emergency Economic Powers Act (IEEPA) as the legal basis to impose tariffs.

The end of IEEPA tariffs opens the door for new uncertainties. New tariffs have already been issued under Section 122 of the Trade Act of 1974. The decision leaves open the opportunity for businesses across a wide range of industries to file for refunds of the tariffs already paid, the process for which remains to be determined. While the recent opinion determined that the IEEPA tariffs cannot be upheld, it did not discuss the mechanism for seeking a refund. And the additional compliance, tax, and other strategic business considerations that ripple from this decision are still not fully understood.

Greenberg Traurig’s Tariff Task Force draws on the firm’s global platform to guide our clients through what comes next, whether that’s in the arena of future trade policy, tax, litigation, or M&A activity spurred by these global shifts.

Stay up to date on all of GT’s tariff insights here.

Contact the Tariff Task Force here.

Our Capabilities

Our multidisciplinary team of trade attorneys, tax attorneys, litigators, and policy advisors provides high-level strategic counsel in critical areas:

• Tariff Recovery & Tariff Refund Litigation: With billions of dollars in IEEPA tariffs now ruled unauthorized, we are actively helping importers identify eligible entries, file protests with U.S. Customs and Border Protection (CBP), and pursue refund claims through the U.S. Court of International Trade (CIT).
• Tariff Compliance: While the IEEPA path has been restricted, the administration has already issued new tariffs under different authorities (such as Section 122 "Balance of Payments" surcharges or Section 301). We work to help you stay ahead of these shifts, so your supply chain can remain resilient to new enforcement measures, and respond when things change. This includes navigating the Administration’s trade agreements and impact on imports and duty payments.
• Supply Chain Strategies & Duty Mitigation: We provide high-level audits to mitigate exposure to remaining duties (such as Section 232 steel and aluminum tariffs) and future measures through:
  • Reviewing classification, valuation, and origin.
  • First Sale duty savings and valuation reduction.  
  • Utilization of Foreign Trade Zones and Bonded Warehouses.
  • Rigorous analysis of Country of Origin and Classification to pursue lowest legal duty liability.
• Considerations for Exporters to the United States: Non-U.S. suppliers of goods to the United States may wish to evaluate existing agreements and potential recourse with importers of record to seek to recover tariff refunds owed to the U.S. importer.
• M&A Implications: Parties negotiating purchase agreements may wish to specify which party is entitled to any IEEPA tariff refunds attributable to pre-closing periods (including any other possible refunds that may arise from new tariffs imposed under other statutory authority, to the extent such tariffs are subsequently ruled invalid).
• Tax Considerations (Multinational, Federal and State): 2025’s IEEPA tariffs created substantial transfer pricing issues for multinationals dealing with related party transactions. When these tariffs are refunded, a company’s decision as to how to allocate the refunds across their related entities in different countries, must be carefully thought out to minimize issues with the tax authorities in the various jurisdictions, each seeking to claim the refund as income for their country. We provide assistance with this analysis, seeking to minimize impact from a revenue authority inquiry.

Frequently Asked Questions (FAQ)

What does the U.S. Supreme Court’s IEEPA tariffs decision in Trump v. V.O.S. Selections andLearning Resources, Inc. v. Trump mean for entries made before the decision?

• The U.S. Supreme Court has ruled that the IEEPA tariffs paid by importers of record on entries to the United States are unlawful. Importers of record are therefore entitled to refunds. For all entries made before 12:00 a.m. ET on Feb. 24, 2026, on which IEEPA tariffs were paid, the importer of record is entitled to a refund equal to the amount of IEEPA duties paid.
• This decision does not impact payment of Section 232 tariffs, Section 301 tariffs, antidumping or countervailing duties, or other non-IEEPA duties paid on entry.

Updated as of 3/4/26

What is the IEEPA tariff refund procedure?

• US. Customs and Border Protection (CBP) is legally required to refund any duties collected in error. 19 U.S.C. § 1520. Following V.O.S. Selections, other avenues for securing refunds of IEEPA tariffs may become available to streamline administrative procedures. However, to date, CBP has not established specific procedures for receiving refunds of IEEPA duties paid.
• Due to uncertainties, some companies have filed legal complaints with the U.S. Court of International Trade (CIT) with the goal of protecting their right to a refund. The cases pending before the CIT remain stayed, and it is unclear whether a CIT lawsuit is necessary to secure a refund.

Updated as of 3/4/26

What steps can importers take to secure tariff refunds now?

• Categorize all entries on which IEEPA duties were paid as either liquidated or unliquidated entries.
  • For unliquidated entries, file a post-summary correction with CBP to remove declaration of chapter 99 HTSUS code for IEEPA tariffs from the Entry Summary.
  • For liquidated entries, file a protest with CBP within 180 days of the date of liquidation to challenge the assessment of IEEPA duties.
• Consult with a legal advisor regarding whether a CIT complaint should be considered.

Updated as of 3/4/26

When does the new 10% “Global Tariff” (under Section 122 of the Trade Expansion Act of 1974) take effect?

• The 10% tariff on global imports took effect at 12:01 a.m. ET on Feb. 24, 2026. Although the president announced on Truth Social on Feb. 21, 2026, that this would increase to 15%, that increase has not been implemented as of Feb. 27, 2026.
• This tariff is effective for 150 days, through July 24, 2026, unless extended by an act of Congress.

Updated as of 3/4/26

Are there exemptions to the Section 122 “Global Tariff”?

• Exemptions include, but are not limited to:
  • USMCA-qualifying goods
  • Products subject to existing or future Section 232 tariffs
  • “On the water exemption” for articles “loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 a.m. ET Feb. 24, 2026” and “entered for consumption” before 12:01 a.m. ET on Feb. 28, 2026
  • A complete list of exemptions is provided in Annexes I and II of the Feb. 20, 2026 Proclamation.

Updated as of 3/4/26

Will there be other tariffs to replace IEEPA tariffs?

• The administration has stated that there will be new actions to impose tariffs. Section 122 tariffs have already been announced, and further tariffs under Section 232, Section 301, or Section 338 are possible. These actions are expected to target certain products and/or countries.

Updated as of 3/4/26