After the U.S. Supreme Court issued a ruling this Friday that nullifies most of the generalized tariffs imposed by U.S. President Donald Trump, considering that he violated regulations by unilaterally imposing them based on the International Emergency Economic Powers Act (IEEPA) , Marcelo Ebrard, head of the Ministry of Economy (SE) , pointed out that in the case of Mexico only some of the tariff measures are linked to that legal provision, and therefore asked for prudence.
During the first ordinary session of the Investment Promotion Committee, held in Querétaro, Ebrard said he did not know the terms under which the US court’s decision would be carried out.
“Today, most of our exports don’t have those burdens. I don’t know how the Supreme Court ruling in the United States will end up, which overturns tariffs based on a legal provision related to emergencies and emergency powers. In the case of Mexico, only some of the tariff measures are related to that legal provision; others are not,” he emphasized.
Given this, he assured that Mexico will prevail in the review of the United States-Mexico-Canada Agreement (USMCA) , “because of the strength of the trade between the two countries.”
Following the ruling, in which the US court concluded that the power to set tariffs is part of the taxing power that the US Constitution assigns exclusively to Congress, Trump announced the imposition of a new global tariff of 10% , to which Ebrard responded that they will first see what measures the United States will take, “so that we can determine how it may affect our country.”
“In any case, I will be visiting the United States next week. Then I will be able to confirm more precisely whether things remain more or less the same or if there are any changes. The reciprocal tariffs are what are currently under scrutiny. They are due to that provision, but we will know very soon; in three or four days I will be able to tell you how it stands, what the regulations were, and how Mexico protected itself from this change in the rules,” he stated.
It is worth remembering that 85% of the products that Mexico exports to the United States do not have tariffs, since they are covered by the USMCA, however, the tariffs on vehicles, steel and aluminum depend on another legal principle, which is Section 232.
Tariffs challenged
According to Adrián González , president of Global Alliance Solutions LLC , the contested tariffs include those established under the IEEPA, linked to drug trafficking, which have a rate of 25% on most imports from Canada and Mexico, and 10% on most imports from China.
It also covers reciprocal trade deficit tariffs , which is a general tariff of at least 10% on imports from all trading partners, with higher rates for various countries.
The Court’s ruling is limited exclusively to tariffs imposed under IEEPA and does not affect those in effect under other legal authorities , such as Section 232 (steel, aluminum, automobiles and auto parts) and Section 301 (products originating in China). “These regimes remain fully in effect,” González stated.
What would happen to the fees collected?
According to the specialist, operational adjustments and possible reimbursement mechanisms are anticipated , the procedure for which will depend on guidelines issued by the Customs and Border Protection Office (CBP) .
“Potential reimbursement exposures have been estimated at more than $175 billion, although the final scope will depend on the procedural treatment adopted,” he explained.
Despite the legal and operational uncertainty surrounding this new measure in the short term, Adrián González stressed that for the time being, no adjustments should be made to tax returns , nor should automatic refunds be assumed, as the court decision does not mandate immediate reimbursements.
“Any recovery of duties will depend on the procedural status of each entry (cleared or not), current protest periods, possible reassessments, formal instructions issued by CBP, and possible additional litigation regarding the retroactive scope of the ruling,” he explained.
This is not the first time an authority has attempted to strike a blow against Donald Trump’s tariffs. In May 2025, the U.S. Court of International Trade (CIT) dealt a potential setback to the reciprocal tariffs, ordering the revocation of the executive orders and permanently prohibiting their implementation. However, following an appeal by Trump, the U.S. Court of Appeals for the Federal Circuit in Washington issued a preliminary injunction suspending the enforcement of the CIT ruling.
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