Скачать или смотреть Can You Get Your Money Back? IEEPA Tariffs, 15% Surcharge, and Duty Drawback with Scott Sorenson

Host: Annik Sobing
Guest: Scott Sorenson (CEO at CITTA Brokerage Company) 
Published: February 2026
Length: ~25–30 minutes
Presented by: Global Training Center

IEEPA Tariffs Struck Down: What Importers Can Do Now (and What They Still Can’t)

In this Simply Trade Roundup, Annik talks with Scott Sorenson, CEO of SIDA Brokerage, about the Supreme Court’s decision that the president exceeded his authority by using the International Emergency Economic Powers Act (IEEPA) to impose broad, revenue‑raising tariffs—and what that actually means for importers on the ground. They unpack which tariffs are impacted, what stays in place, key timing details, the refund question, and how duty drawback fits into all of it.​

What You’ll Learn in This Episode

What the Supreme Court actually decided

Why the Court held that tariffs are fundamentally a tax, and that power belongs to Congress unless clearly delegated by statute.

How the ruling targets IEEPA‑based tariffs, not all tariffs.​

Which tariffs are affected—and which are not

Impacted:

The 2025 “drug trafficking” (fentanyl) tariffs on Mexico, Canada, and China (25% under an emergency declaration).

The later “reciprocal” tariffs, also imposed under IEEPA, with rates starting at 10% and going higher based on perceived trade imbalances.

Not impacted:

Section 232 (steel/aluminum) and Section 301 tariffs introduced in Trump’s first term (2018–2019), which remain in place and were not struck down.​

Key timing: when IEEPA tariffs actually stop

CBP will stop collecting IEEPA tariffs on goods entered for consumption or withdrawn from warehouse for consumption on or after 12:00 a.m. Eastern, February 24, 2026.

Goods entering or withdrawn before that time (including February 23) are still being charged IEEPA duties, despite the Court’s ruling—creating a frustrating “limbo” day for importers.​

The big unknown: refunds on IEEPA duties

It is still unclear whether, and how, importers can obtain refunds of IEEPA tariffs already paid.

Many trade attorneys are advising against simple protests and instead suggesting participation in, or filing of, Court of International Trade lawsuits as the likely avenue—though eligibility and timelines remain unsettled.

Open questions include whether only parties that joined lawsuits before the Supreme Court decision will qualify, and how any refund mechanism would practically work given estimates of over 100 billion dollars collected.​

New 15% global tariff under Section 122

Following the ruling, President Trump announced a 10% global tariff, then quickly raised it to 15%, on top of all existing non‑IEEPA tariffs.

This measure relies on Section 122 of the 1974 Trade Act, which allows the president to impose tariffs for up to 150 days.

Scott expects this to serve as a bridge while the administration seeks a longer‑term, more permanent tariff framework—possibly through new legislation or other authorities.​

Duty drawback: where it fits and where it doesn’t

Duty drawback basics: refunds of duties/tariffs on imported goods that are later exported or destroyed, a program that has existed for nearly 250 years and has become more critical as tariffs have risen.

Inconsistencies across programs:

Fentanyl/“drug trafficking” IEEPA tariffs were explicitly ineligible for drawback.

Reciprocal IEEPA tariffs were eligible.

Section 232 tariffs are not eligible; Section 301 tariffs are.

For the new Section 122 15% tariffs, eligibility will likely depend on whether they are explicitly excluded in future guidance. Historically, exclusions have been clearly spelled out, so silence may mean eligibility.​

Drawback vs. potential IEEPA refunds

Drawback is separate from any Supreme Court‑related IEEPA refund mechanism.

Importers that already claimed drawback on IEEPA‑burdened goods and later receive a broader IEEPA refund would need to avoid double dipping—likely refunding drawback amounts if they also get a full tariff refund via litigation/settlement.

For importers that don’t export, drawback isn’t an option, so any recovery depends entirely on whatever refund path, if any, emerges for IEEPA tariffs.​

Should you start or expand a drawback program now?

Scott’s answer: yes, especially if you export.

Reasons:

Tariff volatility is likely to continue, and the administration has signaled interest in more and longer‑term tariffs.

Drawback is one of the few mitigation tools that works retroactively, not just going forward.

Setting up a drawback program and getting CBP approval takes time; starting now puts you closer to the front of the line for future refunds.