In Focus by The Hindu Trump's tariffs fail in the Supreme Court: How can India recalibrate its trade strategy?
Mar 11, 2026
Deborah Elms, Head of Trade Policy at the Hinrich Foundation and trade expert. She walks through why the U.S. used emergency tariff powers and what alternate U.S. authorities could be used next. She discusses who may get refunds, how businesses cope with tariff volatility, and the strategic choices India faces after the court ruling.
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IEEPA Authority For Tariffs Was Struck Down
- The Supreme Court ruled presidents cannot use IEEPA to unilaterally impose tariffs as an economic emergency tool.
- Deborah Elms explains the Court struck down IEPA authority in a 6-3 decision, removing a shortcut Trump used to levy broad tariffs quickly.
US Will Use 232 And 301 Instead Of IEEPA
- The White House will pivot from IEPA to other statutes like Section 232 for national security and Section 301 for unfair trade practices.
- Elms notes 232 is sector-specific (steel, autos) and 301 targets countries with lengthy investigation and comment but flexible timelines.
Prepare Import Paperwork To Claim Refunds
- Importers of record, not foreign exporters, are the likely recipients of any refunds for illegally collected IEPA tariffs, so get documentation in order now.
- Elms advises firms to verify import paperwork, bank details and contractual terms because refunds will flow to the importer’s account first.