In response to the US Supreme Court’s 6–3 decision limiting presidential authority under the International Emergency Economic Powers Act (IEEPA), The Vision Council (TVC) hosted a webinar to brief members on the implications of the ruling and resulting changes to US tariff policy.

The Supreme Court held that broad global tariffs imposed under IEEPA exceeded presidential authority and required clearer congressional authorization. As a result, several tariff programs—including certain China, Canada, and Mexico-related “fentanyl” and “immigration” tariffs, some “reciprocal” tariffs, and other country-specific penalty tariffs—ended on February 24.

TVC’s webinar, led by regulatory and government affairs representatives, outlined the scope of the Supreme Court’s decision and areas it did not address, as well as the administration’s immediate actions under Section 122 of the Trade Act of 1974. Presenters reviewed how a new universal 10% duty, with the possibility of increasing to 15%, may affect optical imports, and discussed exemptions such as Chapter 98 treatment and products qualifying under the Nairobi Protocol. The session also addressed steps importers may consider to preserve potential refund rights.

“This is a significant development for the optical industry and for US trade policy more broadly,” said Rick Van Arnam, TVC’s regulatory affairs counsel. “Our priority is ensuring members understand how this decision affects their businesses today, what compliance steps are required, and where refund opportunities may exist.”

Section 122 Duties Take Effect

Following the Supreme Court’s decision, President Donald Trump announced a universal 10% duty under Section 122, effective as of February 24. Section 122 permits the president to impose temporary duties of up to 15% for 150 days to address balance-of-payments concerns, after which congressional authorization is required to extend the measure.

During the webinar, members were advised that Section 122 duties are applied in addition to most favored nation (MFN) rates and Section 301 tariffs, but do not stack with Section 232 tariffs. Presenters also noted that certain in-transit goods may qualify for limited exceptions and that legal developments affecting the Section 122 action remain possible. TVC encouraged members to consult customs brokers and trade counsel to evaluate compliance obligations and potential exposure.

Refund Considerations

Although the Supreme Court’s ruling did not explicitly address refunds of previously collected IEEPA duties, presenters noted that existing customs law provides mechanisms for importers to seek recovery of improperly assessed duties.

The webinar emphasized the importance of understanding “liquidation,” the process by which US Customs and Border Protection finalizes an entry, as refund eligibility and protest deadlines are tied to liquidation dates. Importers may need to pursue post-summary corrections, file administrative protests within 180 days of liquidation, or consider litigation at the US Court of International Trade, depending on the status of individual entries. Members were encouraged to review import records to avoid missing applicable deadlines.

Ongoing Monitoring

The decision may also affect trade agreements negotiated in 2025 that were structured around IEEPA tariff frameworks. TVC stated that it is monitoring how federal agencies implement the ruling, potential congressional responses, and the possibility of further litigation.

“Our Government and Regulatory Affairs team remains fully engaged,” said Omar Elkhatib, TVC’s director of government relations. “We will continue providing members with timely updates, practical compliance guidance, and advocacy support as the situation develops.”

Members who were unable to attend the live webinar will have access to presentation materials and related resources through TVC’s member portal.

In addition to its advocacy efforts, TVC provides members with ongoing updates on tariff developments, a tariff dashboard modeling tool, and country-specific duty guidance and archived webinar recordings. The organization said it will continue to provide information and support to help members navigate changes in trade policy.