The Vision Council outlines refund, compliance guidance after IEEPA ruling

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

The Court determined that global tariffs imposed under IEEPA exceeded presidential authority and required clearer congressional authorization. As a result, several tariff programs, including China, Canada, and Mexico “fentanyl” and “immigration” tariffs, certain “reciprocal” tariffs, and other country-specific penalty tariffs, ended at 12 am on February 24.

The Vision Council’s webinar, led by regulatory and government affairs experts, addressed what the decision covers, the administration’s move to impose duties under Section 122 of the Trade Act of 1974, and how a new universal 10% duty—potentially increasing to 15%—may affect optical imports. Presenters also reviewed exemptions, including Chapter 98 treatment and products qualifying under the Nairobi Protocol, and outlined steps importers can take 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, regulatory affairs counsel for The Vision Council, during the webinar. “Our priority is ensuring members understand how this decision affects their businesses today, what compliance steps are required, and where refund opportunities may exist.”

Immediately after the ruling, President Trump announced a universal 10% duty under Section 122, effective at 12:01 am on February 24. Section 122 permits temporary duties of up to 15% for 150 days to address balance-of-payments concerns, with congressional authorization required for extensions. According to the webinar, Section 122 duties stack with most favored nation rates and Section 301 tariffs but do not stack with Section 232 tariffs. Certain in-transit goods may qualify for limited exceptions, and legal changes to the Section 122 action remain possible. The organization advised members to work with customs brokers and trade counsel to assess compliance obligations.

Although the Court did not address refunds of previously collected IEEPA duties, the webinar noted that existing Customs law provides mechanisms for seeking recovery of improperly assessed duties. Presenters discussed the role of “liquidation,” when 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 entry status. Members were encouraged to review import records promptly.

The Vision Council said it is monitoring how federal agencies implement the ruling, how Congress may respond, and whether additional litigation may follow, including questions related to trade agreements negotiated in 2025 that were tied to IEEPA tariff structures.

“Our Government and Regulatory Affairs team remains fully engaged,” said Omar Elkhatib, director of Government Relations at The Vision Council, during the webinar. “We will continue providing members with timely updates, practical compliance guidance, and advocacy support as the situation develops.”

Members who did not attend the live webinar can access materials and additional resources through the organization’s member portal. The Vision Council also offers ongoing updates on tariff developments, a members-only tariff dashboard modeling financial impacts on imports, and industry guidance including country-specific duty explanations and archived webinar recordings. Members with questions are encouraged to contact Omar Elkhatib or Rick Van Arnam directly at [email protected] and [email protected], respectively.

Reference

1. The Vision Council hosts industry webinar following Supreme Court decision on IEEPA tariffs; provides guidance and ongoing Monitoring. News release. The Vision Council. February 25, 2026. Accessed February 25, 2026. https://thevisioncouncil.org/blog/vision-council-hosts-industry-webinar-following-supreme-court-decision-ieepa-tariffs-provides