Why Canadian small businesses had higher hopes for U.S. Supreme Court tariff ruling

Canadian small businesses are expressing disappointment after the U.S. Supreme Court struck down broad tariffs, but did not restore the de minimis duty-free exemption for low-value shipments.

But how much she makes on each item, including the white veil she creates for a new bride, is completely at the whim of what the White House decides to do this week — especially now that she has learned the de minimis exemption, which allows low-value shipments — typically under $800 U.S. — to enter the country duty-free with minimal customs paperwork — will not be coming back.

“By adding the 35 per cent IEEPA (International Emergency Economic Powers Act) and removing the de minimis at the same time, it essentially took away the customer’s choice of being able to purchase from anywhere outside their own country, and it is absolutely devastating for any small business,” said Nadeau to CTV News on Saturday.

On Friday, the U.S. Supreme Court ruled that U.S. President Donald Trump’s sweeping tariffs against other countries’ goods were unlawful because the IEEPA does not give the president authority to impose broad import duties without clear approval from Congress.

As a result, companies that directly paid those IEEPA-based tariffs as the official importer of record may now seek refunds, though the process will be handled by lower courts and U.S. Customs authorities.

Within hours, Trump signaled he would pursue new tariffs under alternative legal authorities in an effort to keep trade measures in place.