Tariff Strategy Uncertain
U.S. tariff policy is in flux after courts struck down parts of the administration’s tariff architecture, leaving businesses and lobbyists to contest replacement measures sector by sector. The administration is pursuing appeals and alternative routes while countries including India prepare to negotiate in Washington next week — a visit framed as being affected by the Supreme Court ruling ( ).
The White House is still trying to rebuild its tariff program after courts knocked out a big piece of it, and companies are now fighting over what replaces it. (usatoday.com) The Supreme Court ruled in February that the International Emergency Economic Powers Act did not authorize the administration’s earlier tariffs, and U.S. Customs and Border Protection is now preparing a refund system for duties paid under that law. Customs said Phase 1 of its CAPE refund process will launch on April 20, 2026. (cbp.gov, cov.com) Reuters reported the refund system covers about $166 billion in struck-down tariffs, while Skadden said the Court of International Trade ordered refunds on roughly $165 billion in unlawfully collected duties. Both accounts describe a refund process now moving through Customs. (reuters.com, skadden.com) After that ruling, President Donald Trump turned to Section 122 of the Trade Act of 1974 and imposed a 10 percent surcharge on imports from nearly all countries, effective February 24. The White House said the measure can run for 150 days, which puts its current end date on July 24 unless Congress extends it. (whitehouse.gov, atlanticcouncil.org) That replacement is also in court. On April 10, the U.S. Court of International Trade heard challenges from 24 mostly Democratic-led states and small businesses arguing that the 10 percent tariff exceeds the law’s limits. (reuters.com, tradecomplianceresourcehub.com) The administration is also leaning harder on narrower trade laws that target products or countries instead of nearly everything at once. Trade lawyers tracking the changes say new or expanded actions under Section 232 and Section 301 are now shaping the tariff map sector by sector. (tradecomplianceresourcehub.com, wipfli.com) That shift has pushed lobbying into overdrive. Instead of arguing over one blanket tariff regime, importers, manufacturers and foreign governments are now contesting exemptions, product lists and country-specific cases across several legal tracks. (usatoday.com, thomsonreuters.com) India is one of the governments trying to negotiate through that uncertainty. Indian officials are scheduled to be in Washington from April 20 to 22 for trade talks, with Indian media reporting that the court ruling and the U.S. tariff reset affected the timing and terms of an interim deal. (timesofindia.indiatimes.com, businesstoday.in) For now, the tariff system that businesses face is a mix of refunds for old duties, litigation over the new 10 percent surcharge, and fresh fights over metals, pharmaceuticals and other sectors. The next dates that matter are April 20, when refunds begin, and whatever the trade court does next with the Section 122 case. (cbp.gov, tradecomplianceresourcehub.com, reuters.com)
