Managing the Aftermath of the Supreme Court’s Historic IEEPA Tariff Decision

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 put 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 focused on what companies need to do now to secure those refunds. We broke down the implications of the Supreme Court’s historic IEEPA decision and covered 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 pivoted to the available legal mechanisms importers can use to enhance the chances for full recovery of IEEPA tariffs.
  
  A recording of Part I can be found here, and a PDF of the presentation deck can be found here.
  • Part II: From Refunds to Risk Management: Navigating the Post-IEEPA Tariff Landscape | Wednesday, March 4, 2026
    
    Part II shifted 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 addressed 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 covered strategies that importers should adopt to strengthen their Customs compliance to cope with heightened Customs enforcement.
    
    A recording of Part II can be found here, and a PDF of the presentation deck can be found here.

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