An update from MedTech Europe on the current US-EU tariffs situation.
Last Friday, the Supreme Court in the US, has ruled (6:3) against president Trump’s imposition of tariffs pursuant to the International Emergency Economic Powers Act (IEEPA) 24-1287 Learning Resources, Inc. v. Trump (02/20/2026)
The ruling has invalidated the legal basis for the US’ broad, sudden tariffs such as the universal tariffs adopted in April last year. The ruling does not invalidate trade deals that the US has struck with its trading partners, such as the EU, UK, Switzerland etc. However, certain questions arise regarding how existing or negotiated tariff commitments are going to be implemented moving forward.
Obtaining refunds for tariffs incurred by the US importers remains an open question as well. Refunds are unlikely to be issued automatically or immediately. The process is likely to take some time.
EU:
The EU is seeking a clarification from Washington on the broader implications of the ruling. On 22 February, the European Commission has issued a statement in reaction to the Supreme Court ruling https://ec.europa.eu/commission/presscorner/detail/de/statement_26_450 indicating that as far as the EU-US trade is concerned, there should be no increases in tariffs beyond the clear and all-inclusive ceiling previously agreed. The Commission further states: “We will continue to work towards lowering tariffs, as provided for in the Joint Statement… A deal is a deal. As the United States’ largest trading partner, the EU expects the U.S. to honour its commitments set out in the Joint Statement – just as the EU stands by its commitments… The EU’s priority is to preserve a stable, predictable transatlantic trading environment, while also acting as a global anchor for rules-based trade.”
The European Parliament’s International Trade Committee has scheduled a vote on its position on the Commission’s proposal for the removal of tariffs on industrial goods from the US for 24 February (implementation of the EU-US trade deal). If the INTA committee adopts its position on 24 February, the full European Parliament vote on the implementing legislation is expected in March 2026. There has been some debate among MEPs about postponing the plenary vote due to recent developments and legal uncertainty, however, no decision has been communicated on this aspect. The Chair of the INTA committee is convening an extraordinary meeting of EP negotiating team today. We will share more as we learn about the outcome of the EP deliberations.
US:
Shortly after the Supreme Court delivered its ruling, President Trump set the new global tariff at 15%, again citing alternative legal tools to maintain broad import levies in place of the struck-down IEEPA tariffs. The US administration identified a set of alternative tools to maintain its tariff policy, such as:
- Section 122 of the Trade Act of 1974 – allows for imposition of up to 15% tariff for a limited period of time unless extended by the congress
- Section 301 of the Trade Act of 1974 – requires investigation
- Section 232 of the Trade Expansion Act of 1968 – requires investigation
- Section 338 of the Tariff Act of 1930 – could be applied against countries that discriminate against US commerce, but there many questions in terms of the process that would be needed for implementation of this tool
Section 232 and Section 301 have already been used repeatedly addressing specific sectors, including medical devices (outcome still pending). We are in contact with our colleagues at Advamed and we will share any major updates as we learn about the implications of the Supreme Court ruling.
