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Appeals Court Sends Tariff Refund Fight to Trade Court After Denying Trump Delay

The decision puts the Court of International Trade in charge of designing a refund process for over $130 billion collected under voided IEEPA tariffs.

Overview

  • On March 2, the Federal Circuit dissolved its stay and ordered its mandate to issue forthwith, rejecting the administration’s request for a 90‑day pause.
  • The cases now return to the U.S. Court of International Trade, which must set the procedures and timing for refunds because the Supreme Court did not address remediation.
  • More than $130 billion was collected under the unlawful IEEPA tariffs, and independent estimates place potential refund exposure at up to roughly $175 billion plus interest.
  • Customs has stopped collecting IEEPA duties, while the White House has invoked Section 122 to impose temporary global tariffs of 10 percent, later signaled to 15 percent, capped at 150 days.
  • Refund litigation is rapidly expanding from hundreds to thousands of suits—including filings by FedEx, Costco, Dyson and L’Oréal—as the DOJ argues the process will take time and businesses push for prompt payments with interest.