The Trump administration moved on Friday to appeal a federal court order that extended tariff refund eligibility to all U.S. importers, not just those that had filed lawsuits, potentially halting a repayment process already underway.
The Department of Justice informed Judge Richard K. Eaton of its planned appeal, which covers a court order allowing all companies that paid the invalidated duties to seek refunds.
Refunds Were Flowing — Until Now
Until the Department of Justice’s filing, CBP’s refund process had proceeded smoothly. Victor Schwartz, CEO of VOS Selections, the wine importer whose lawsuit led to the Supreme Court case, received $110,000 in the first wave of payouts. CBP also confirmed that it had begun directing $35.46 billion to the U.S. Treasury for disbursement.
Refunds were deposited into the bank accounts of the first successful applicants on May 12, roughly three weeks after importers and customs brokers began submitting claims.
The Supreme Court ruled in February that Trump lacked constitutional authority to impose sweeping import taxes on goods from nearly every country using the 1977 International Emergency Economic Powers Act (IEEPA).
Before the June 9 hearing, the DOJ is also pushing back on Judge Eaton’s demand that CBP Commissioner Rodney Scott appear in person. DOJ lawyers asked Eaton to allow Scott’s deputies to testify in his place, arguing that as a high-ranking presidential appointee, the CBP chief could not be compelled to appear.
Political Pressure Clouds The Process
Not all eligible companies have filed. Apple (NASDAQ:AAPL) and Amazon (NASDAQ:AMZN) have reportedly held back refund claims to avoid political backlash from the White House. When asked, President Donald Trump said in April, “If they don’t do that, I’ll remember them.”
Who Actually Gets The Money?
While the refund process continues to work its way through the courts, U.S. consumers have no legal standing to file claims. Under U.S. trade law, only importers of record are eligible to seek refunds. According to an analysis cited by BOK Financial, most of the $166 billion in potential repayments is expected to remain on corporate balance sheets, providing a one-time profitability windfall for companies rather than the households that ultimately bore the burden of the tariffs.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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