On February 20, 2026, lead counsel for the plaintiff group in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.), filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking review of the U.S. Court of Appeals
In Response to U.S. Supreme Court IEEPA Tariff Ruling, USTR Plans to Initiate Section 301 Investigations
On February 20, 2026, in response to the U.S. Supreme Court’s ruling that tariffs under the International Economic Emergency Powers Act (IEEPA) are illegal (see Thompson Hine Update of February 20, 2026), Ambassador Jamieson Greer, the U.S. Trade Representative, issued a statement that the decision “affects [only] one element of the Administration’s” trade
President Trump Implements Temporary Import Duties under Section 122 of the Trade Act of 1974 and Continues the Suspension of Duty-Free De Minimis Exception for International Shipments
On February 20, 2026, President Donald Trump issued a proclamation announcing that he was imposing a temporary import surcharge (i.e., tariff) pursuant to section 122 of the Trade Act of 1974 (19 U.S.C. Section 2132) to address “fundamental international payments problems” that “could impair United States national interests, including economic and national security interests.” Stating
IEEPA-Based Tariffs Ending February 24, 2026
On Sunday, February 22, 2026, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) Message # 67834313 to clarify that the U.S. government will stop collecting tariffs subject to the International Emergency Economic Powers Act (IEEPA) beginning Tuesday, February 24, 2026. The CSMS message follows the U.S. Supreme Court’s decision on Friday
U.S. Supreme Court Invalidates IEEPA as a Lawful Authority to Impose Tariffs
On February 20, 2026, the U.S. Supreme Court (SCOTUS) in a 6-3 ruling determined that President Donald Trump’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs was unlawful. In its decision, the SCOTUS stated: “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints.
United States and Taiwan Sign Agreement on Reciprocal Trade
On February 12, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and the Republic of China (Taiwan) signed the Agreement on Reciprocal Trade between the United States of America and Taiwan (the “Agreement”), under the auspices of the American Institute in Taiwan and the Taipei Economic and Cultural Representative
United States and Argentina Sign Agreement on Reciprocal Trade
On February 5, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and The Argentine Republic have signed the U.S.-Argentina Agreement on Reciprocal Trade and Investment (Agreement). According to Ambassador Jamieson Greer, the USTR, the Agreement serves “as a model of how countries in the Americas, from Alaska to Tierra
President Trump Lowers IEEPA-Based Tariffs on India and Announces Framework for Bilateral Interim Trade Agreement
On February 6, 2026, President Donald Trump issued both an Executive Order (“EO”) and a joint statement announcing a “framework for an Interim Agreement” with India that reduces U.S. tariffs on imports of Indian products, lowering the overall rate from 50% to 25% with a further reduction to 18% to be “promptly” implemented. Effective February
United States and El Salvador Sign Agreement on Reciprocal Trade
On January 29, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and El Salvador have signed the U.S.-El Salvador Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of the first Agreement on Reciprocal Trade in the Western Hemisphere will further strengthen markets for
United States and Guatemala Sign Agreement on Reciprocal Trade
On January 30, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and Guatemala have signed the United States–Guatemala Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of another Agreement on Reciprocal Trade in the Western Hemisphere addresses trade barriers facing American workers and