Businesses in the U.S. have started to receive tariff refunds following a Supreme Court ruling. The court found that President Donald Trump lacked the constitutional authority to impose increased import taxes on goods from most countries. The refund process might face delays due to the Trump administration’s decision to appeal a federal judge’s order. This order allowed all companies that paid these invalidated duties to seek refunds. Until the Department of Justice announced its appeal, the refund system managed by U.S. Customs and Border Protection (CBP) was operating relatively smoothly.
CBP reported that the first refunds were disbursed on May 12, shortly after importers began submitting claims online. As of May 22, applications for refunds totaling $85 billion were processed, which is more than half of the $166 billion estimated by the agency. The Treasury Department has been instructed by CBP to issue $20.6 billion in refunds to date.
The administration’s appeal preparations emerged when they challenged Judge Richard K. Eaton’s request for the CBP Commissioner to testify about the refund timeline for the 330,000 eligible importers. A hearing is scheduled for June 9 to discuss expediting the process. Justice Department attorneys argued against the necessity of the commissioner’s testimony, suggesting that deputies could represent him instead. They contended that the judge overstepped by entitling all importers to refunds.
The Justice Department plans to appeal the injunction, maintaining that CBP will continue processing refunds for the 485 trade court complaints filed. Judge Eaton reiterated the importance of refunding the $166 billion unlawfully collected under Trump’s tariffs, emphasizing the legal requirement for the government to repay these duties.
“This case involves $166 billion,” Eaton remarked. “It is undisputed that the remedy for this unlawful collection is for the United States government to refund the unlawfully collected duties.”
Retail chains like Walmart intend to use tariff refunds to reduce customer prices. Although Walmart’s potential refund constitutes less than half of one percent of its $483 billion annual sales, the company plans to lower prices. Smaller businesses shared that the refunds, though partial, would help pay remaining or future tariffs, reduce debt, or maintain operations. Jay Foreman, CEO of Basic Fun, reported receiving $450,000, accounting for 7% of his claim, calling the initial funds promising but expressing concern over delayed subsequent refunds. He emphasized the necessity of funds to sustain businesses.

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