The US Supreme Court’s ruling that President Donald Trump’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA) are unlawful left open questions for practitioners. The justices didn’t address how refunds should be issued for the IEEPA tariffs paid by importers in the case or by those that have raised challenges at the US Court of International Trade
Bracewell’s Josh Zive told Law360 the IEEPA tariff refund process for importers could be confusing and take some time to establish. But Zive noted that the federal government has options to administer that kind of remedy, including offering credits to importers that offset future tariff liability.
“It’s not even like customs will have to cut checks for all of that amount, particularly when a lot of these companies are engaged in frequent imports and exports,” Zive said. “That provides a base by which they can provide refunds in a way that isn’t liquid, so to speak.”
