Businesses across the United States have begun receiving refunds after the Supreme Court ruled that President Donald Trump lacked constitutional authority to impose increased tariffs on imported goods from most countries. However, the administration’s plan to appeal a federal judge’s order expanding refund eligibility to all importers risks slowing down or restricting further payments beyond those companies that originally filed lawsuits.
U.S. Customs and Border Protection (CBP) has processed refund claims totaling approximately $85 billion and disbursed about $20.6 billion so far, out of an estimated $166 billion owed to importers. The refund program started accepting claims swiftly after the Supreme Court decision, allowing thousands of businesses and their customs brokers to submit applications. Retailers and logistics companies anticipate these reimbursements might translate to price reductions or customer credits, while smaller firms may use the funds to offset earlier tariff-related costs and stabilize finances.
Despite the progress, the Department of Justice has informed the court of its intention to appeal a judge's ruling that mandated refunds be available to all importers who paid the invalidated tariffs, not just those who initiated legal action. The appeal follows an order from Judge Richard K. Eaton requiring CBP Commissioner Rodney Scott to testify about the timeline and scope for repaying over 330,000 potentially eligible importers.
The Justice Department requested that Scott’s deputies testify instead, citing the commissioner’s senior presidential role and arguing the judge overstepped by broadly opening refunds to all importers rather than limiting them to those involved in lawsuits. They asserted that the administration intends to continue processing refunds in phases, prioritizing businesses that successfully claimed their rights in court.