The Supreme Court Killed Trump's Big Tariff Tool. Here's What Actually Changed for Canadian Businesses — and What Didn't.
On February 20th, the US Supreme Court invalidated the legal mechanism behind most of the tariffs Canada faced last year. The headlines called it a win. The reality is more complicated — and for many Canadian exporters, the exposure is still very real.
On February 20, the US Supreme Court ruled in Learning Resources, Inc. v. Trump that President Trump had exceeded his authority by using the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on Canada, Mexico, and dozens of other countries. The ruling invalidated the legal basis for those tariffs — including the 25–35% levies on Canadian goods that went into effect last March.
If you've been paying those tariffs, you may be owed money back. But before you celebrate, read the rest of this story carefully — because the picture on the ground changed within hours of the ruling.
Trump's pivot was immediate. On the same day as the ruling, the White House signed a new proclamation under a different law — Section 122 of the Trade Act of 1974 — imposing a 10% global import surcharge on goods from all countries. CUSMA-compliant Canadian goods are currently exempt. Non-CUSMA-compliant Canadian goods now face 10% instead of the previous 35% under IEEPA.
→ IEEPA tariffs struck down — the legal tool Trump used for broad tariffs is gone, at least for now.
→ New 10% surcharge immediately replaced them — using a different law. CUSMA-compliant goods still exempt.
→ Sector tariffs unchanged — steel, aluminum, autos, lumber, copper were never under IEEPA. They stay.
→ IEEPA refunds are possible but uncertain — there's no clear process yet. More below.
→ Trade talks just resumed — LeBlanc and Greer met in Washington on March 6th for the first time since October.
The sector-specific tariffs — which hit hardest for manufacturing, construction, and resource industries — were never imposed under IEEPA. They exist under Section 232 of the Trade Expansion Act of 1962, a law that wasn't challenged in this case. Those tariffs are not going anywhere.
| Category | US Tariff Rate | Status |
|---|---|---|
| CUSMA-compliant goods (most Canadian exports) | 0% | Exempt |
| Non-CUSMA compliant Canadian goods | 10% | Changed ↓ |
| Steel & aluminum (all origins) | 25–50% | Unchanged |
| Automobiles & non-CUSMA auto parts | 25% | Unchanged |
| Softwood lumber | 35%+ | Unchanged |
| Kitchen cabinets, vanities | 50% | Unchanged |
The takeaway for most Canadian businesses: if your goods qualify under CUSMA, your situation is largely the same as it was before the tariff war started. If your goods don't qualify — or if you're in steel, auto, or lumber — the ruling changes very little for you operationally.
If your business paid tariffs under the IEEPA tariff regime between March 2025 and February 24, 2026, you may be owed a refund. Courts have found those tariffs were imposed without legal authority — which means the government cannot legally retain that money.
However, there is currently no formal refund process in place. To preserve your refund rights, trade lawyers are advising importers to file a protest with US Customs and Border Protection (CBP) against any unliquidated entries where IEEPA tariffs were paid.
If your business paid IEEPA tariffs on cross-border shipments, speak to a customs broker or trade lawyer this week about filing protests. This is time-sensitive.
For the first time since October, Canadian and US trade negotiators sat down face-to-face on March 6th. Trade Minister Dominic LeBlanc met with US Trade Representative Jamieson Greer in Washington, restarting a dialogue that Trump cancelled last fall.
Substantive progress is unlikely to move quickly. The US has signalled it will use the CUSMA review process — formally scheduled to begin July 1, 2026 — as its primary leverage point for extracting concessions from Canada on dairy market access, cultural content rules, auto content thresholds, and cross-border digital trade.
For Canadian businesses, the near-term signal is cautious optimism. Talks resuming is better than talks being cancelled. But any meaningful tariff reduction on steel, aluminum, auto, or lumber is unlikely before Q3 at the earliest.
Here is the single most important number in Canadian trade right now: before the tariff war, only about 35% of Canadian exports to the US were formally documented as CUSMA-compliant. Most businesses didn't bother with the paperwork because pre-Trump, the US applied near-zero tariffs to nearly everything anyway. That number has since climbed to roughly 85% — but a significant share of exporters remain undocumented or exposed.
Why this matters right now: The July 1, 2026 CUSMA review is not a routine check-in. The US has made clear it will use this review to demand concessions — and may threaten to not renew the agreement. Getting your compliance documentation airtight now is the single best tariff risk mitigation available to you.
→ Do you have a valid Certification of Origin for each product you export to the US? (Not the old NAFTA form — CUSMA uses a different format.)
→ Can you demonstrate your product's Rules of Origin? Customs verification requests are up significantly.
→ Are your HS codes current and correct? Misclassification is the most common reason legitimate CUSMA claims are rejected at the border.
→ The World Trade Centre Toronto is running a free CUSMA compliance webinar series for SMEs. Worth attending if you export goods to the US.
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Now — ongoing
IEEPA Refund Protest Window
File CBP protests on unliquidated entries where IEEPA tariffs were paid. No official deadline set yet but acting early protects rights.
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June 30, 2026
Steel/Aluminum Remission Expires
Canada's temporary remission on US steel and aluminum used for manufacturing expires. Watch for renewal announcements.
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July 1, 2026
CUSMA Joint Review Begins
The most consequential trade event of 2026. All three countries must declare whether they will extend the agreement for 16 years.
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Ongoing
LeBlanc–Greer Negotiations
Face-to-face talks resumed March 6th. Watch for any announcement on steel and auto tariff carve-outs.
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That's Vol. 1, Issue 1. Every Monday, The Border Brief cuts through the noise and gives you exactly what you need to make informed decisions about your cross-border business. If this issue was useful, forward it to a fellow owner — word of mouth is how we grow.
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The Border Brief is published for informational purposes only and does not constitute legal, financial, or trade advice. Tariff rules change frequently — verify critical decisions with a qualified customs broker or trade lawyer.