On February 20, 2026, in “Learning Resources, Inc. v. Trump,” the U.S. Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose additional duties (including reciprocal tariffs and country-specific fentanyl-related tariffs). As a result, the additional duties imposed by President Trump based on IEEPA are no longer effective as of February 24, 2026.
The Court did not order refunds because the plaintiffs had requested that the duties be stopped. Other tariffs based on different legal authorities (for example, Section 232 steel/aluminum or Section 301 unfair trade practices) are not affected by this decision.
Additional tariffs based on the IEEPA (e.g., reciprocal or fentanyl-related tariffs) will be eliminated as of February 24, 2026, according to U.S. Customs and Border Protection (CBP). This also eliminates the maximum +15% additional duties on certain goods originating in Switzerland or Liechtenstein, as provided for in the Switzerland–U.S. Memorandum of Understanding on U.S. Additional Duties.
On March 4, 2026, the Court of International Trade (CIT) issued an order instructing U.S. Customs and Border Protection (CBP) to begin issuing refunds to importers (= Importer of Record) who previously paid International Emergency Economic Powers Act (IEEPA) duties to CBP.
U.S. Customs and Border Protection (CBP) announced the introduction of a new electronic procedure for processing refunds of duties paid under IEEPA in CSMS #68315804. Further information can be found in our article.
Recommendations for Swiss and Liechtenstein exporters
For companies active in the US market, the situation remains highly uncertain. The following steps are recommended:
- Consistently review and properly file customs and shipping documentation (origin, HS/HTSUS classification, import timing/in-transit evidence).
- For affected shipments, clarify early with the importer/customs broker whether Section 122 applies (especially transit criteria, Annex exemptions, and the Section 232 delineation).
- Continue to closely monitor developments in US trade policy (volatility remains a key factor).
Switzerland Global Enterprise will provide further updates as soon as additional information becomes available.
Source:
U.S. Supreme Court ruling: 24-1287 Learning Resources, Inc. v. Trump (02/20/2026)
U.S. Custom Boarder Protection: CSMS # 67834313 - Ending Collection of International Emergency Economic Powers Act Duties
Executive Order 20.02.2026: Ending Certain Tariff Actions – The White House
