The Association of Corporate Counsel offers guidance to corporate legal departments navigating the decision alongside finance and compliance teams
Washington, DC – February 23, 2026 - The US Supreme Court last week ruled 6–3 that the administration lacked authority under the International Emergency Economic Powers Act (IEEPA) to impose sweeping global tariffs, holding that Congress did not explicitly delegate tariff authority under the statute. The decision could have significant financial implications for companies that paid duties under the invalidated program, potentially opening the door to substantial refund claims.
The ruling applies specifically to tariffs imposed under IEEPA and does not affect duties enacted under other trade authorities, including Section 232 or Section 301. Nevertheless, companies that paid IEEPA-based tariffs may now need to act quickly to preserve their rights through US Customs and Border Protection procedures or litigation in the Court of International Trade. Strict filing and liquidation deadlines may apply.
Shortly after the ruling, President Trump stated that his administration will pursue implementation of a new 10-percent global tariff through alternative legal authorities and indicated that any rebate claims stemming from the Court’s decision could face litigation lasting years to come.
“Over the past year, many of our members have turned to ACC’s forums to navigate the Trump Administration’s trade policy and its impact on their businesses,” said ACC President & CEO Jason L. Brown. “The tariffs imposed last year had significant global consequences. Legal departments were tasked with guiding their organizations through rapid and sweeping supply chain adjustments while ensuring compliance with evolving trade requirements.”
The Association of Corporate Counsel (ACC) encourages in-house legal departments to conduct immediate audits of affected imports, assess refund eligibility, and coordinate with finance and trade compliance teams. Further guidance may emerge from Congress, the courts, or US Customs as implementation of the decision unfolds. Jason L. Brown, ACC president and CEO is also available for media interviews to provide insight and guidance on the implications of this decision for corporate legal departments and the broader business community.
Please direct any media queries to Amy Repke, VP & Chief Content Officer: a.hrepke@acc.com
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About ACC
The Association of Corporate Counsel (ACC) is the premier global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. For more than 40 years, ACC has set the standard for in-house counsel and raised awareness regarding the value of the chief legal officer in the C-suite and boardroom. With nearly 50,000 members employed by over 12,000 organizations and spanning 100+ nations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel® remains the foundation for ACC’s market leadership. For more information, visit www.acc.com and follow ACC on LinkedIn, Twitter, and Facebook.