The Vision Council offers guidance after Supreme Court ruling on IEEPA tariffs

In response to the U.S. Supreme Court’s 6-3 decision limiting presidential authority under the International Emergency Economic Powers Act (IEEPA), The Vision Council hosted a timely industry webinar to brief members on the implications of the ruling and the immediate shift in U.S. tariff policy.

The Court ruled that the sweeping global tariffs imposed under IEEPA exceeded presidential authority and required clearer congressional authorization. As a result, multiple tariff programs, including China, Canada, and Mexico “fentanyl” and “immigration” tariffs, certain “reciprocal” tariffs, and other country-specific penalty tariffs, officially ended at 12:00 a.m. on February 24.

To help members navigate the rapidly evolving trade environment, The Vision Council convened a webinar led by regulatory and government affairs experts outlining:

·     What the Supreme Court decision does and does not cover

·     The administration’s immediate move to impose duties under Section 122 of the Trade Act of 1974

·     How the new universal 10% duty (with potential increase to 15%) may impact optical imports

·     Exemptions, including Chapter 98 treatment and products qualifying under the Nairobi Protocol

·     Critical steps importers should take now to preserve potential refund rights

“This is a significant development for the optical industry and for U.S. trade policy more broadly,” said Rick Van Arnam, Regulatory Affairs Counsel for The Vision Council. “Our priority is ensuring members understand how this decision affects their businesses today, what compliance steps are required, and where refund opportunities may exist.”

Section 122 Duties now in effect

Immediately following the Court’s ruling, President Trump announced a universal 10% duty under Section 122, effective at 12:01 a.m. on February 24. Section 122 allows the President to impose temporary duties of up to 15% for 150 days to address balance-of-payments concerns, after which congressional authorization is required to extend the measure.

During the webinar, members were advised that:

·     Section 122 duties stack with most favored nation (MFN) rates and Section 301 tariffs

·     Section 122 duties do not stack with Section 232 tariffs

·     Certain in-transit goods may qualify for limited exceptions

·     Legal changes to the Section 122 action are possible

The Vision Council emphasized that members should work closely with customs brokers and trade counsel to evaluate exposure and compliance obligations.

Guidance on potential refunds

Although the Supreme Court did not explicitly address refunds of previously collected IEEPA duties, longstanding Customs law provides mechanisms for importers to seek recovery of improperly assessed duties.

The webinar outlined the importance of understanding “liquidation,” the process by which U.S. Customs and Border Protection finalizes an entry, because refund eligibility and protest deadlines are tied directly to liquidation dates. Importers may need to pursue post-summary corrections, file administrative protests within 180 days of liquidation, or consider litigation at the U.S. Court of International Trade, depending on the status of each entry.

The Vision Council encouraged members to immediately review import records to avoid missing jurisdictional deadlines.

Ongoing monitoring and advocacy

The decision also raises broader questions about trade agreements negotiated in 2025 that were tied to IEEPA tariff structures. The Vision Council is actively monitoring how federal agencies implement the Court’s ruling, how Congress may respond, and whether further litigation will follow.

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

Members who were unable to attend the live webinar will have access to presentation materials and additional resources through The Vision Council’s member portal.

Resources for the industry

In addition to its advocacy, The Vision Council offers a suite of resources to help members respond to the ongoing impacts of trade and tariff policy.

·     Latest Tariff Developments: Ongoing updates on policies and actions affecting the optical industry.

·     Tariff Dashboard: A simulator available to members of The Vision Council that models the financial implications of tariffs on imports.

·     Industry Resources & Guidance: Country-specific duty explanations, archived webinar recordings, and more.

Contact for member support

Members with questions or concerns are encouraged to reach out to our team of experts:

·     Omar Elkhatib, Director of Government Relations, at oelkhatib@thevisioncouncil.org

·     Rick Van Arnam, Regulatory Affairs Counsel, at rvanarnam@barnesrichardson.com

The Vision Council will remain a dedicated resource and advocate for the vision community as this legal process evolves, and is committed to providing the insight, tools, and guidance needed to navigate today’s complex trade environment.