The US Supreme Court has invalidated the IEEPA tariffs. Your business may now hold a recoverable or monetisable claim.
The US Supreme Court has invalidated the IEEPA tariffs. Your business may now hold a recoverable or monetisable claim.
On 20 February 2026, the United States Supreme Court ruled in Learning Resources, Inc. v. Trump that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were unlawful, invalidating a sweeping global tariff regime that began in 2025.
More than USD 175 billion in duties may now be subject to refund proceedings.
This raises an important question:
Will your prior tariff payments be recoverable or monetaisable?
What does this mean for you?
Businesses involved in Thailand–US trade are now confronting legal and commercial issues rarely seen in international trade disputes, including:
- whether tariff refunds can be obtained;
- who holds legal standing to assert claims;
- how recovery rights interact with supply-chain arrangements; and
- whether claims can be structured, assigned, or sold to unlock liquidity
Who should consider an assessment?
You may be affected if your business:
Imported goods into the United States during 2025–2026
Exported goods from Thailand or ASEAN into the US market
Absorbed tariff costs through pricing or supply agreements
Operates cross-border manufacturing or distribution structures
Is evaluating recovery or liquidity options related to IEEPA tariffs
What options are available?
Pursuing Refund Claims
Potential recovery through costly administrative proceedings or litigation before US courts.
Structuring or Assigning Claims
Evaluation of whether refund rights may be transferred or coordinated across group entities or counterparties.
Monetising Claims
In certain cases, businesses may prefer immediate liquidity rather than multi-year litigation timelines. Claim purchase or structured recovery arrangements may be explored depending on eligibility and risk profile.
How Silk Legal can assist
Silk Legal acts as coordinating counsel for Thailand-connected businesses navigating the post-IEEPA landscape.
Our work includes:
Assessing tariff refund eligibility
Identifying importer standing and claim ownership
Reviewing contractual tariff allocation issues
Coordinating with US trade litigation counsel
Advising on claim structuring and recovery strategies
Engaging with investors, funders, and market participants evaluating claims
Exposed to IEEPA tariffs? Let's explore your options
Your business may be entitled to pursue refunds or monetise tariff claims following the US Supreme Court’s decision.
Silk Legal provides confidential assessments for companies evaluating recovery, litigation, or claim sale opportunities arising from the IEEPA ruling.