Overview
- Monday’s order issues the appellate mandate “forthwith,” rejecting the administration’s request to delay refunds after the Supreme Court ruled IEEPA does not authorize presidential tariffs.
- The U.S. Court of International Trade will determine timing, interest, and mechanics of repayment, with estimates of potential liability reaching as high as $175 billion.
- Justice Department filings warned the process could take years, while importers’ counsel cited prior government assurances that unlawful duties would be refunded with interest.
- Businesses have filed hundreds to thousands of refund suits, including FedEx, Costco, Revlon, Dyson, and L’Oréal, and FedEx says it intends to pass any refunds back to customers.
- Senate Democrats pressed Treasury to begin automatic refunds and provide a 90-day timeline, as the administration pivots to a temporary 10% global surcharge under the Trade Act of 1974.