The administration has moved quickly to preserve much of the prior tariff architecture while introducing a new layer. In public remarks and agency statements, officials have emphasized continuity for existing measures and a fresh legal footing for additional duties following the IEEPA Supreme Court ruling.
As reported by Politico, President Donald Trump signed an executive order imposing a new “temporary” 10% global tariff on imports just hours after the Court’s decision, while indicating that earlier actions would remain in force (https://www.politico.com/news/2026/02/20/donald-trump-10-percent-global-tariff-00791317).
What stays vs. changes: 232/301 remain; new 10% global tariff
According to AP News, Treasury Secretary Scott Bessent said the U.S. Department of the Treasury would rely on existing authorities, Sections 232 and 301, to keep current tariffs in place, while projecting that overall tariff revenue this year would remain “virtually unchanged” despite the legal shift (https://apnews.com/article/f0b2a1eb3a8e23046613466ef3aa21e8).
What changes is the addition of a 10% global tariff as a baseline. The White House framed this as complementing, not replacing, the curated structure of Section 232/301 duties, signaling that country- or product-specific rates could continue to sit on top of the new global measure where applicable.
Legal basis shifts from IEEPA to Trade Act of 1974 Section 122
As reported by The Guardian, the Supreme Court held in a 6–3 ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize the kind of sweeping, indefinite tariff regime previously used, with the majority underscoring Congress’s primacy over taxation and trade (https://www.theguardian.com/us-news/2026/feb/20/trump-supreme-court-tariffs-ruling).
In response, the administration pivoted to Section 122 of the Trade Act of 1974, the cited basis for the new 10% global tariff. Al Jazeera noted that the White House planned to invoke other laws to maintain and, in some areas, raise tariffs following the Court’s limits on IEEPA (https://www.aljazeera.com/news/2026/2/20/us-president-trump-promises-new-tariffs-slams-supreme-court-decision).
Cato Institute scholars welcomed the Court’s constraint on executive overreach, describing the IEEPA-based approach as a “costly policy mistake” for businesses and consumers and framing the ruling as a restoration of constitutional boundaries (https://www.cato.org/news-releases/cato-experts-react-supreme-court-overruling-president-trumps-tariffs).
Timing, scope, exemptions, and refund uncertainty for importers
As reported by Business Insider, the pivot to Section 122 raises operational questions for companies: how long a 10% global tariff can remain in effect, which goods or countries might receive exemptions, the precise start date, and whether refunds will be processed for tariffs collected under the now-curtailed IEEPA approach (https://www.businessinsider.com/trumps-tariff-law-options-supreme-court-decision-2025-11).
Industry groups have urged clarity on timing and mechanics, especially around refunds and any carve-outs. “We urge the lower court to ensure a seamless process for refunding past tariffs so companies can reinvest in their operations, their employees, and their customers,” said David French, EVP of Government Relations at the National Retail Federation, referencing the Supreme Court ruling’s implications (https://ny1.com/nyc/all-boroughs/politics/2026/02/20/scotus-tariff-ruling-reactions).
International business federations continue to warn of cost pressures and competitiveness risks as new tariffs layer onto existing regimes. CNBC reported that Switzerland’s Economiesuisse criticized such impositions as unjustified and burdensome for exporters, signaling likely pushback from U.S. trading partners as the 10% global tariff beds in (https://www.cnbc.com/2025/08/01/trumps-tariffs-rekindle-global-trade-tensions.html).
At the time of this writing, broader equity benchmarks showed mixed signals, with Apple Inc. shares at 264.58 at the close, up 1.54% on the day, before edging to 264.38 after hours, based on data from Yahoo Finance (https://finance.yahoo.com/).
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