President Trump Vows to Continue Tariffs; Global 10% Tariff Forthcoming

Feb. 20, 2026
By: Marvin E. McPherson

In response, to the Supreme Court striking down IEEPA duties, President Trump reacted sharply, denouncing the ruling and reaffirmed his commitment to maintaining a strong tariff posture despite the setback.

The President stated he intends to implement a global 10% tariff under Section 122 “effective within the next couple days.” Section 122 gives the president temporary tariff authority (up to 15 percent or quotas) to address fundamental international payments imbalances without a preliminary agency investigation and can be imposed immediately to address serious trade deficits.

Section 122 tariffs can last up to 150 days, after which congressional approval would be needed to extend them. We will all see in 150 days whether the Administration allows the duties to sunset without seeking a loophole to continue them.

In the meantime, President Trump will ask the USTR to initiate additional Section 301investigations. Unlike IEEPA, Section 301 requires investigations and consultations before duties can be applied. However, tariffs under this statute can be broad in scope and sustained over time once implemented. Section 301 duties allow the President through the Office of the U.S. Trade Representative to impose tariffs on specific countries or products in response to practices deemed unfair, discriminatory, or in violation of U.S. trade rights. China and Nicaragua currently have 301 duties and Brazil is under 301 investigation.

In response to questions to refunds, the President indicates that he expects that the status of refunds to be further litigated (somehow). Contact any attorney at Barnes, Richardson & Colburn, LLP to discuss how to proceed in light of this decision.