The Supreme Court’s February 20, 2026 ruling striking down the use of the International Emergency Economic Powers Act (IEEPA) for tariff actions didn’t end the tariff era it fractured it. Within hours, the Administration pivoted to Section 122 of the Trade Act of 1974 and signaled a 10% global tariff. More authorities are already being queued up.
This is not simplification. This is fragmentation.
And in a fragmented system, importers who rely on assumptions about classification, origin, or tariff authority will lose money. Those who rely on facts will get paid.
Peacock Tariff Consulting’s position is simple: your refund eligibility, your exposure, and your strategic options now depend entirely on whether your data can withstand scrutiny across multiple legal frameworks. The companies that win in this environment won’t be the ones with the best lawyers. They’ll be the ones with the cleanest entries.
The New Tariff Architecture: A Patchwork of Authorities
Each trade authority now carries its own triggers, timelines, and risks. Understanding them is no longer optional it’s the difference between capturing refunds and walking into an audit blind.
Section 122 – Balance‑of‑Payments
A broad, fast‑acting tool capped at 15% and limited to 150 days without Congressional approval. The Administration’s immediate 15% global tariff will likely be the first of several waves.
- Supply Chain Impact: Broad market shock; affects nearly all goods.
- Risk Signal: Temporary nature encourages import surges and inventory front‑loading.
- Importer Priority: Identify which entries fall under 122 vs. other authorities refund eligibility will hinge on this distinction.
Section 301 – Unfair Trade Practices
Country‑specific and politically charged. New investigations are already being prepared.
- Supply Chain Impact: Drives diversification away from targeted countries.
- Risk Signal: High retaliation risk; exposure extends into tier‑2 and tier‑3 suppliers.
- Importer Priority: Map supply chains beyond tier‑1. Refunds will require proof of origin and transformation.
Section 232 – National Security
Targets upstream materials like steel and aluminum. Slow to launch but disruptive once active.
- Supply Chain Impact: Forces immediate resourcing of raw materials.
- Risk Signal: Requires a Commerce investigation watch for filings in specific HS codes.
- Importer Priority: Validate BOMs and classifications for all metal‑intensive goods.
Section 338 – Discriminatory Practices
A retaliatory tool that can reach 50% duties with only 30 days’ notice.
- Supply Chain Impact: Sudden cost spikes; limited time to reroute shipments.
- Risk Signal: Narrow adjustment window.
- Importer Priority: Identify shipments in transit and evaluate rerouting options.
Section 201 – Global Safeguards
Industry‑wide protections with mandatory annual step‑downs.
- Supply Chain Impact: Predictable but heavy; impacts sectors facing import surges.
- Risk Signal: Tariffs must decline annually.
- Importer Priority: Time sourcing decisions to step‑down schedules.
Licensing Fee Reclassification
A regulatory workaround that attempts to impose costs without calling them tariffs.
- Supply Chain Impact: Creates classification and valuation ambiguity.
- Risk Signal: High litigation risk; unclear drawback eligibility.
- Importer Priority: Prepare for challenges to valuation methodologies.
Legislative Codification
Congressional action could make temporary tariffs permanent.
- Supply Chain Impact: Structural shift in long‑term cost models.
- Risk Signal: Political deadlock; monitor Ways & Means activity.
- Importer Priority: Scenario‑plan for multi‑year tariff baselines.
Bilateral Agreements
Negotiated rates with specific partners.
- Supply Chain Impact: Long lead times; shifts manufacturing hubs.
- Risk Signal: Slow to implement.
- Importer Priority: Align sourcing strategies with likely negotiation targets.
What Importers Must Do Now: The Three Non‑Negotiables
Every refund, every exposure analysis, every legal argument begins with the same three questions. They are simple but they are not easy.
1. Which tariff authority was actually applied to your entries?
Do not rely on press releases or assumptions. Pull ACE data and confirm:
- Was the entry assessed under IEEPA?
- Was it instead (or additionally) assessed under 301, 232, or 201?
- Were authorities stacked?
Refund eligibility depends on the actual authority applied not the one you expected.
2. Does your classification hold up under scrutiny?
A refund request is an invitation for Customs to re‑examine your HTS codes.
- Pull BOMs.
- Validate the tariff code against the product’s physical characteristics.
- Identify misclassifications before CBP does.
A refund will not fix a bad classification. It will expose it.
3. Can you prove origin not just assert it?
A supplier declaration is not validation.
- Trace inputs.
- Document transformation.
- Confirm substantial transformation thresholds.
In a multi‑authority world, origin is no longer a checkbox it’s a liability if unsupported.
Why Peacock Tariff Consulting Is Built for This Moment
Most firms can tell you what the law says. Very few can tell you what your data says.
Peacock Tariff Consulting specializes in the one capability that matters most right now: forensic, audit‑ready tariff analysis grounded in clean, validated product data.
Our advantage comes from three pillars:
1. Classification and Origin Intelligence Built for Scrutiny
We don’t take supplier declarations at face value. We reconstruct the product story inputs, processes, transformations so your origin and classification withstand CBP review.
2. Authority‑Specific Refund Modeling
We map each entry to the precise legal authority applied, quantify recoverable amounts, and identify where exposure exists. No guesswork. No assumptions.
3. Executive‑Ready, Scenario‑Driven Strategy
We translate complex legal shifts into clear, actionable pathways for SMEs and Chambers:
- What to file.
- When to file.
- What documentation to prepare.
- How to position for the next authority shift.
In a world where tariff policy is being rebuilt in real time, clarity is currency. And clarity comes from facts not assumptions.
Final Thoughts
IEEPA’s fall didn’t simplify trade. It fractured it. And in a fractured system, the winners will be the importers who can prove conclusively what they imported, how it was classified, and where it came from.
Peacock Tariff Consulting is built for exactly this environment: high volatility, shifting authorities, and the need for audit‑ready intelligence that converts theoretical refunds into real cash.