In the days following the Supreme Court’s February 20, 2026 ruling in Learning Resources v. Trump, which invalidated the use of the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs, the Administration has announced a new trade measure: a 10% blanket tariff on imported goods, effective immediately.
This development represents a significant policy shift and a rapid response to the Court’s decision.
Overview of the New Tariff Measure
The newly announced tariff applies broadly to imported goods entering the United States. Unlike the previously invalidated IEEPA-based tariffs, this measure is being implemented under alternative statutory authority.
The tariff is structured as an additional 10% ad valorem duty, applied to covered imports at the time of entry.
Importantly, the measure has been announced as a temporary action, with a duration of up to 150 days under the cited authority. Administration officials have also indicated that the rate could increase to 15% in the near term, signaling that further adjustments remain possible.
Policy Context
The timing of this announcement underscores the continued fluidity of U.S. trade policy. While the Supreme Court’s ruling reinforced constitutional limits on the use of emergency economic powers for broad tariff implementation, it did not eliminate the Executive Branch’s ability to pursue trade measures under other statutes.
As a result, although the legal foundation has shifted, tariff exposure for importers remains an active component of the regulatory landscape.
Looking Ahead
With the new tariff in effect and the possibility of a rate increase to 15%, the trade environment continues to evolve rapidly. The 150-day limitation further signals that this measure may function as a short-term mechanism while longer-term policy approaches are considered.
At Copper Hill, we are continuing to monitor developments closely and will provide updates as additional guidance or legislative action emerges.
