February 2026: the Supreme Court strikes down the IEEPA tariffs — and a 10% surcharge replaces them

Dated entry. This covers 28 February 2026 and has not been updated since. Tariff rules change constantly and some of this will have been superseded — check the official sources before acting on it.

On 20 February 2026 the US Supreme Court held that the IEEPA tariffs were invalid and unconstitutional (docket 24-1287). That covered the 4 March 2025 fentanyl / northern-border tariffs on Canada and Mexico and the 2 April 2025 global “reciprocal” tariffs.

An executive order, Ending Certain Tariff Actions, followed. But the relief was narrower than the headline suggested: the Section 232 tariffs survived untouched — steel, aluminum, autos, copper, lumber, furniture, heavy vehicles and semiconductors all remained in force under the Trade Expansion Act of 1962.

Four days later, on 24 February, a proclamation imposed a temporary 10% global import surcharge under section 122 of the Trade Act of 1974, capped at 150 days unless Congress approved an extension. CUSMA-compliant goods and certain agricultural products were excluded.

What it meant for freight: one legal basis fell and another replaced it within the week. The ruling did not settle refunds on duties already paid — that is a question for your customs broker.