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How does the US Supreme Court ruling impact Thai exporters?

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US trade deficit in goods reaches record high with Thailand, Vietnam, and Taiwan

Although a recent US Supreme Court ruling declared President Donald Trump’s use of emergency powers to impose certain tariffs unconstitutional, Thai exporters are expected to see only a temporary reprieve from trade pressures.

In a landmark ruling on February 20, 2026, the U.S. Supreme Court struck a major blow to the executive branch’s trade powers, a decision with immediate and significant consequences for Thai exporters.  

The court’s decision invalidated levies under the International Emergency Economic Powers Act (IEEPA), yet the US administration has swiftly countered with a new 10% global tariff under the Trade Act of 1974. Consequently, Thai industry leaders and government officials warn that trade policy remains highly volatile, urging businesses to diversify their export markets to mitigate the impact of “tariff stacking” and persistent American protectionism.

Key Points

  • Supreme Court Ruling : In a 6–3 decision, the US Supreme Court ruled that the executive branch overstepped its authority by using the IEEPA to levy tariffs, a power constitutionally reserved for Congress.
  • Limited Impact : The ruling only applies to tariffs imposed under the IEEPA, which represent approximately half of the tariff revenue collected since last year; other duties under Sections 301 and 232 remain in place.
  • Immediate Countermeasures : Following the ruling, the White House announced a new 10% global tariff on all imported goods for a 150-day period, utilizing Section 122 of the Trade Act of 1974.

The implications of the US Supreme Court ruling for Thai exporters are significant and multifaceted

Tariff Type Legal Status Impact on Thai Exporters
Reciprocal (IEEPA) Struck Down Immediate removal of the 19%–36% extra duties.
Section 122 New/Active New 10% baseline tariff likely to apply for 150 days.
Section 232 Remains Steel and aluminum exports remain subject to existing duties.
AD/CVD Remains Anti-dumping and countervailing duties are unaffected.

1. Short-term Relief from IEEPA Tariffs

  • The ruling declared that former President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unconstitutional. This provides some immediate relief from tariffs that were imposed under this law, which accounted for a substantial portion of tariff revenue.

2. Legal Clarity and Reduced Uncertainty

  • The decision enhances legal clarity regarding the authority to impose tariffs, which may reduce uncertainty for Thai exporters. This could lead to a more stable trading environment in the short term, making it easier for businesses to plan and operate.

3. Continued Trade Barriers

  • Despite the ruling, the Trump administration has announced a new 10% global tariff on imports. This means that while some tariffs may be lifted, others could be introduced or maintained, continuing the pressure on Thai exporters.

4. Impact on Negotiations

  • The ruling may influence ongoing negotiations between Thailand and the US regarding tariff reductions. Thailand is actively seeking to negotiate lower tariffs in exchange for purchasing US goods, which could be more favorable in light of the legal ruling.

While the Supreme Court ruling offers some relief and clarity for Thai exporters, the landscape remains complex and uncertain. Businesses must navigate ongoing trade barriers and adapt their strategies to mitigate risks associated with fluctuating US trade policies.

Potential for Tariff Refunds

One of the most complex implications for Thai businesses and their U.S. partners is the issue of restitution.  

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  • Revenue at Stake: The U.S. government collected an estimated $264 billion in total tariff revenue in 2025.  
  • The Process: Because the Court ruled these tariffs were illegal from the start, Thai exporters (or the U.S. importers of record) may be entitled to refunds for duties already paid. However, the Court did not provide a specific mechanism for these payouts, and the U.S. administration has signaled that the refund process could take years.

The Pivot to “Section 122” and New Risks

While the IEEPA-based tariffs were struck down, the trade war has not ended; it has simply shifted legal grounds.  

  • New 10% Global Tariff: In response to the ruling, the administration immediately invoked Section 122 of the Trade Act of 1974. This allows for a 10% global tariff for a limited period (150 days) to address balance-of-payment deficits.  
  • National Security Tariffs: The ruling does not affect tariffs imposed under Section 232 (National Security), such as those on steel and aluminum. Thai exporters in these specific sectors will see no change in their current tariff rates.  

The Supreme Court ruling provides some relief and clarity for Thai exporters, yet the landscape remains intricate and uncertain. Businesses must still tackle persistent trade barriers and adjust their strategies to manage risks tied to unpredictable US trade policies.

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Los Angeles fires rebuilding struggles continue over year later amid delays

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More than a year after deadly fires struck Los Angeles, residents are still struggling to rebuild their homes, citing permitting, insurance and financial gaps.

The Palisades and Eaton fires began in January 2025, and destroyed more than 16,000 homes and burned more than 38,000 acres, according to official reports.

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The city of Los Angeles has received 3,561 permitting applications and has issued 1,939 permits for 844 unique addresses, as of Feb. 21, according to the LA Strong Return and Rebuild website. The data is updated hourly by the Los Angeles Department of Public Safety, according to the page.

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There are currently 1,189 applications in review and 2,372 plans approved as of Friday.

“Hundreds of homes are already under construction in the Palisades, with over 1,000 permits in the pipeline. That’s real progress — but those are people who can,” LA District 11 Councilperson Traci Park said in a statement sent to FOX Business. “Thousands of others remain displaced, faced with lingering insurance disputes and lack of access to affordable capital to rebuild. 

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Palisades residents such as Michelle Bitting, whose home was destroyed during the fires, say there’s a “fatigue factor” within the ongoing process.

“The minutia of what we had to navigate with just the insurance stuff was exhausting,” Bitting told FOX Business. “Just the policy details and sort of understanding all of that stuff.”

Bitting said she had a “good experience” with insurance, but they struggled to obtain a permit for their rebuild. She said she and her family were “ahead of the game.”

Eaton Fire in Altadena

An aerial view of homes burned in the Eaton Fire, Jan. 21, 2025, in Altadena, Calif. (Mario Tama/Getty Images / Getty Images)

“Our trenches [were] dug, we’ve gone through two rains now, we’ve covered them, they’ve been scooped out again … They’ve been telling us any day now for two months on getting this permit,” Bitting said.

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Mychal Wilson, a whistleblower attorney and Palisades resident, echoed a similar sentiment regarding the permitting process.

“Permits have been being issued, and it takes anywhere between 30 days to six months, but some of that falls on the homeowner,” Wilson said. “You go through the design, and then you say, ‘Well, wait a second. I want to increase the square footage … I think there’s that issue in the permitting process that has delayed stuff.’”

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Wilson said that they decided to expand after the fires. He told FOX Business that they submitted their plans to the city and a “soils report” and, as of Feb. 14, he anticipated that they would have their permits “within two weeks.”

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The Los Angeles City Council unanimously voted to waive permit fees for residents who were affected by the Palisades and Eaton fires.

The motion, which passed Feb. 3, waives plan check and permit fees “for all structures, regardless of rebuild/repair scale, only up to the amount attributed to 110% of the original footprint.”

Southern California wildfires Pacific Palisades

A view of fire-ravaged beach property overlooking the Pacific Ocean as a result of the Palisades Fire, Jan. 12, 2025, in Malibu, Calif. (Frederic J. Brown/AFP via Getty Images / Getty Images)

Part of the motion requests that the city controller establish a “Wildfire Emergency Permit Fee Subsidies, in the General City Purposes” and would “appropriate $10 million from a temporary revolving loan from the Building and Safety Building Permit Enterprise Fund,” which would then be repaid with interest.

This resolution waives fees for all structures, including single family homes, duplexes, accessory dwelling units, multifamily dwellings, and commercial properties. 

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In an Instagram post, Park thanked the city administrator officer for revisiting the proposal, as it was initially only meant for single-family dwellings.

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“That wasn’t good enough, and we weren’t going to leave our small businesses, our renters, our seniors and our condo complexes, or our families in the mobile home parks behind,” Park said in the post.

She said the passing of this motion “[removed] the barriers that are causing so many people the inability to begin the process of rebuilding and returning home.”

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“Now that recovery reports are in, we’re focused on the bigger picture work that will speed up rebuilding,” Park continued in the statement.

President Donald Trump and first lady Melania Trump tour a fire-damaged area, Jan. 24, 2025, in the Pacific Palisades neighborhood of Los Angeles. (Mandel Ngan/Getty Images / Getty Images)

The current state of rebuilding in the city has drawn scrutiny from the federal government. President Donald Trump issued an executive order mandating the federal government step in to take over rebuilding efforts in Los Angeles.

The executive order, titled “Addressing State and Local Failures to Rebuild Los Angeles After Wildfire Disaster,” directs the heads of SBA and FEMA to issue regulations that override California and LA’s permitting requirements, according to previous reporting by Fox News.

Wilson told FOX Business that federal assistance “would be great if they did come in and help out.”

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“I think it’s great because the federal government, FEMA hasn’t really helped out anyone … and it’s not just on the Palisades, it’s just part of the policy and administration right now,” Wilson said. “The problem is it’s FEMA and they’re more worried about the overall big picture, whereas the local government is the one who can really enforce, for example, the permits.”

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Park said an upcoming town hall will allow residents to directly weigh in on what should be included in a “long-term recovery plan.”

“This has to stay community-driven — and government’s job is to clear the path, not stand in the way,” Park said.

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FOX Business contacted LA Mayor Karen Bass, Gov. Gavin Newsom and gubernatorial candidate Steve Hilton’s press offices, but did not immediately receive a response.

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