Ep. 32 – WITA’s Friday Exchange: Post IEEPA Tariffs Under Secs. 122, 232 & 301; Waiting on Refunds; and New Legal Challenges

02/26/2026

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WITA

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Former Trade Negotiators Discuss This Week’s Tariff and Trade Developments.

No one understands the dynamics with key U.S. trading partners better than the people who led these kinds of difficult trade negotiations for the United States. Panelists will update our viewers on the trade policy announcements, what remains undone; and what are expected next steps in these trade negotiations.

In the latest episode of the Friday Exchange, our trade-insiders spoke about the fallout from the Supreme Court’s ruling that the International Economic Emergency Powers Act (IEEPA) does not allow the President to impose tariffs; whether there’s a “large and serious” balance of payments deficit problem in the U.S. that justifies new tariffs under Section 122 (versus a current account/trade deficit); whether U.S. Companies—large or small – will ever see refunds of tariffs paid under IEEPA; will Section 301 enable the President to unholster his magic tariff sharpie again; how are other countries reacting; and will all of this end up back in court?

Featured Speakers:

Introduction: Kenneth Levinson, CEO, WITA – The International Trade Membership Association

Joe Damond, Chair of International Trade Policy & Global Life Sciences, Crowell Global Advisors; former Deputy Assistant USTR for Asia

Blake Harden, Managing Director, Washington Council Ernst & Young; she previously worked as Vice President, International Trade, Retail Industry Leaders Association (RILA); and served as a Trade Counsel on the House Ways & Means Committee, and in the office of the chief counsel at US Customs and Border protection Committee on Ways and Means, Subcommittee on Trade

Mark Linscott, former Assistant USTR for South and Central Asia and before that WTO and Multilateral Affairs and currently a Senior Advisor at the Asia Group and the US-India Strategic Partnership Forum

Chris Padilla, Senior Advisor, Brunswick Group; former Under Secretary of Commerce for International Trade