Tariff Updates for Wholesale Brands
- Chapter I: Introduction
- Chapter II: How did the 2026 Supreme Court ruling change the rules for tariffs?
- Chapter III: What is the new Section 122 Bridge tariff, and how long will it last?
- Chapter IV: How can wholesale brands keep pricing accurate during trade volatility?
- Chapter V: What is the China Plus One strategy, and why is it trending now?
- Chapter VI: Should you add a Tariff Volatility Clause to your retailer contracts?
- Chapter VIII: Conclusion
- Chapter VIII FAQ
Introduction
The landmark ruling in Learning Resources, Inc. v. Trump has fundamentally shifted the trade landscape this year.
By declaring broad-based IEEPA tariffs unconstitutional, the Supreme Court has opened a window of both opportunity and chaos for wholesale brands. This guide outlines how to navigate the shift to new Section 122 duties and protect your margins.
Key Takeaways: The 2026-2027 Tariff Re-Alignment
- The Ruling: SCOTUS struck down IEEPA-based tariffs on February 20, 2026; however, the administration has already transitioned to Section 122 (10% temporary global duties).
- Pricing Agility: Brands must now be able to pivot pricing within 24 hours of a legislative shift to avoid margin erosion.
- The Refund Opportunity: Billions in previously paid duties are now eligible for Duty Drawbacks, provided you have the digital paper trail to prove your claims.
Related Content
How did the latest Supreme Court ruling change the rules for tariffs?
The Supreme Court ruled that the President cannot use emergency powers (IEEPA) to bypass the Taxing Clause of the Constitution. For brands, this means the specific tariffs you’ve been paying since 2025 are technically unlawful. This creates a massive administrative task: auditing your past year of imports to identify reclaimable duties.
What is the new Section 122 Bridge tariff, and how long will it last?
Following the ruling, the administration immediately invoked Section 122 of the Trade Act of 1974, imposing a temporary 10% global tariff. These duties expire in 150 days unless extended by Congress. Brands must prepare for a Cliff in mid-2026 where prices may either drop significantly or spike if new legislation is passed.
How can wholesale brands keep pricing accurate during trade volatility?
In a 10% duty environment, your Landed Cost is a moving target. If your B2B platform isn't synced with your ERP, your sales team is likely selling at prices that don't account for the most recent duty shifts. Integration ensures that when a tariff is updated in your back office, your RepSpark price lists update instantly.
4 Forces Reshaping Wholesale Strategy Right Now
The Economy Is K-Shaped — And Your Buyers Are Feeling It
RSM US LLP joined Shop Eat Surf Outdoor in August 2026 for a webinar covering where the economy stands heading into the second half of the year, and what wholesale brands need to act on before Q4.
RSM Deputy Chief Economist Kevin Depew was direct about the gap between what the headline numbers show and what consumers are actually experiencing. GDP growth is holding at 2.1% for the year. Inflation is expected to stay a full percentage point above the Fed's 2% target. On paper, the economy is stable.
On the ground, it's splitting sharply by income bracket. Top earners are still spending freely on travel, dining, and discretionary goods. The bottom three income brackets are not keeping pace — real wages are falling once inflation is factored in, the national savings rate has dropped to 2.6%, and 57% of consumers now report that high prices are cutting into their finances, up from 50% just a month earlier. Consumer confidence is near an all-time low.
For wholesale brands, the takeaway is not that demand is disappearing — it is that demand is concentrating. Buyers for green grass golf clubs, resort boutiques, and specialty retailers serving higher-income consumers are likely to see continued traffic. Brands relying on volume through mid-market or value-oriented accounts may face tighter open-to-buy and slower reorder cycles through the rest of the year.
The brands that win in a K-shaped environment are the ones that give their best accounts reasons to buy more — through tighter assortments, faster reorder capability, and 24/7 self-service that makes it easy for a buyer to complete an order at any point in the week, without waiting for a rep to be available.
IEEPA Tariff Refunds: The Cash That May Already Be Owed to You
RSM trade advisory senior manager Jodi Ader made the case that tariff refunds are no longer a compliance question — they are a cash flow opportunity that belongs at the executive level.
Following the Supreme Court's February ruling striking down IEEPA tariffs, which were replaced with a 10% Section 232 surcharge, the Customs and Border Protection ACE portal opened to accept refund claims in phases. Phase one (unliquidated entries) opened April 20. Phase two (entries flagged for reconciliation) launched June 29. Phase three (finally liquidated entries) is still pending and may require filing in the Court of International Trade. More than 125,000 claims have been accepted so far, with billions in refunds approved.
RSM shared two outcomes to illustrate the scale: one retailer recovered more than $4.8 million in refunds plus interest and then restructured sourcing to Vietnam and Guatemala, projecting an additional $1.5 million in annual savings. A second retail company secured $7.2 million within months of starting its review. Ader also noted that company size is not a barrier: a client that had paid roughly $75,000 in tariffs still found the process worth pursuing.
The three questions RSM recommends every executive ask their organization:
- Do we know our total tariff costs?
- Have we evaluated refund opportunities?
- Are we making sourcing decisions based on yesterday's tariff environment or tomorrow's?
For wholesale brands, recovering tariff overpayments does more than improve Q3 cash flow. It creates room to invest in the infrastructure — better ordering technology, ERP integration, inventory management — that reduces margin erosion regardless of what the tariff environment does next.
California's SB707 Is the First Textile EPR Law in the Country — and It Applies to You
RSM sustainability associate Samantha Rustja framed the shift happening in sustainability regulation in one sentence: "Accountability moved from what a company says to what a company actually makes."
California's SB707, the Responsible Textile Recovery Act, is the first textile extended producer responsibility law in the United States. It applies to any brand selling apparel, bags, backpacks, or home textiles into California with global turnover above one million dollars. Registration with Land Bell USA, the designated textile producer responsibility organization, became mandatory July 1. Reporting requirements are not expected to begin until at least 2028, and fee structures are still being finalized — but the registration window is open now, and the data infrastructure requirements are coming.
California's SB54, covering packaging, is already in effect. Companies were required to register with Circular Action Alliance and submit baseline plastic usage data with a source reduction plan due August 1.
For apparel and lifestyle wholesale brands, SB707 means sustainability is moving from brand-level claims to SKU-level documentation. The brands that will handle this smoothly are the ones with clean product data, organized SKU cataloging, and ERP infrastructure that can generate the kind of reporting these mandates will eventually require. Brands managing wholesale operations manually — across spreadsheets, disconnected portals, and paper order forms — will face a harder transition when reporting requirements arrive.
RSM's recommended steps: map your products and SKUs to covered categories, determine your registration obligations now, start building the data infrastructure for SKU-level reporting, and treat compliance as the foundation of a broader sustainability strategy rather than a one-time filing.
Should you add a Tariff Volatility Clause to your retailer contracts?
Since tariffs can now be overturned or replaced in a matter of weeks, fixed seasonal pricing is becoming obsolete. Leading brands are adding clauses that allow for mid-season price adjustments if government-mandated duties shift by more than 5%.
RepSpark makes this transparent by showing Tariff Line Items at checkout so retailers understand the cost breakdown.
Conclusion
The 2026 tariff landscape is defined by one word: Pivot. Between the Supreme Court’s ruling on IEEPA and the implementation of Section 122 Bridge duties, the brands that win won’t be the ones with the lowest manufacturing costs, but the ones with the most agile data.
Relying on manual spreadsheets and fixed seasonal pricing in this environment is a risk to your business’s solvency. To protect your margins and capitalize on the massive Duty Drawback opportunities now available, your back-office data must be in perfect lockstep with your front-end sales.
By integrating your ERP with RepSpark, you remove the guesswork from global trade. You gain the ability to update prices in minutes, provide retailers with total transparency, and maintain the precise digital audit trail required to claim the refunds you are owed.
The July Cliff Checklist
As the 150-day Section 122 window approaches its expiration, ask your operations team three questions:
- Can we update our entire wholesale price list across all regions in under 24 hours?
- Do we have a Proof of Import report ready for our 2025-2026 duty refund claims?
- Are our retailer contracts flexible enough to handle a potential August duty shift?
FAQ
Can I get a refund on tariffs ruled unconstitutional?
Yes. Following the Learning Resources decision, brands can file for Duty Drawbacks or refunds for tariffs paid under the IEEPA authority. You will need detailed records of every import and sale to substantiate your claim.
What is the Section 122 tariff currently in effect?
As of late February 2026, a temporary 10% global tariff was imposed under Section 122 of the Trade Act of 1974. This duty is designed as a 150-day bridge while the administration seeks congressional approval for long-term trade measures.
How does RepSpark help manage tariff-driven price changes?
RepSpark integrates with your ERP to pull real-time landed cost data. When tariff rates change, the system automatically updates your B2B price lists, ensuring your sales reps never sell at a margin-losing price.
What is a Tariff Volatility Clause in wholesale?
This is a contractual agreement that allows a brand to adjust wholesale prices mid-season if government-imposed duties fluctuate beyond a specific percentage (usually 5%), protecting both the brand and the retailer from sudden market shifts.
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