Courts force ~$100bn refund to businesses; administration moves to impose polysilicon tariffs

The Trump administration is refunding businesses while preparing a new tariff action on a different industrial input. In a filing on August 5 in the U.S. Court of International Trade, the government said it had returned about $100 billion collected under President Donald Trump’s 2025 “Liberation Day” tariffs. (cnbc.com) Reuters and Bloomberg also reported that the administration is preparing a 15% tariff and minimum-price measures on imported polysilicon, a material used in solar panels and semiconductors. The two tracks are unfolding after the Supreme Court ruled in February that the International Emergency Economic Powers Act, or IEEPA, did not authorize the earlier tariff program. (usnews.com) ### Why is the government sending money back to importers? The August 5 court filing said the administration had refunded about $100 billion of tariff revenue collected before the “Liberation Day” duties were struck down. CNBC and ABC News reported that the figure represented more than half of the amount owed to companies that paid the tariffs. The Supreme Court ruled on February 20, 2026, that IEEPA does not give the president authority to impose tariffs, according to court-focused summaries and tax analysts tracking the case. That ruling invalidated the legal basis for the 2025 tariff regime and triggered the refund process through U.S. Customs and Border Protection. (cnbc.com) ### How much money is still at issue? The government said the $100 billion already returned amounts to about 60% of roughly $166 billion collected under the program. Al Jazeera and CNBC, citing the court filing, reported that customs officials had also identified additional sums as potential or certified refunds. (cnbc.com) Thousands of businesses are affected, according to ABC News and CNBC, which reported that payments have already reached some corporate accounts. The refunds apply to importers that paid the now-invalid duties rather than to foreign exporters. (taxfoundation.org) ### What is Washington preparing on polysilicon? Reuters reported on August 5 that the administration plans to announce as soon as Thursday a 15% tariff and a series of price floors on products made from polysilicon. Reuters, citing four sources familiar with the matter, said the measures are meant to support U.S. polysilicon factories and counter China’s position in supply chains tied to chips and solar equipment. (cnbc.com) Bloomberg reported that the package would combine tariffs with minimum prices on imported polysilicon as part of a broader push to increase domestic production of materials used in semiconductors and solar panels. (abcnews.com) Public reports describing the plan said the administration was weighing the action under a national-security trade framework. ### Are these the same tariffs coming back under a new name? The February ruling addressed tariffs imposed under IEEPA, the emergency-powers statute Trump used for the 2025 “Liberation Day” duties. The planned polysilicon action has been described in news reports as a separate trade measure, with Reuters and other reports tying it to a Section 232 process rather than the IEEPA authority rejected by the Supreme Court. (usnews.com) That distinction matters for the legal posture of the new move. The refund obligation stems from tariffs the courts said were unauthorized, while the polysilicon plan is being developed under a different statutory route that administrations of both parties have used for import restrictions. (finance.yahoo.com) ### What happens next, and where will businesses see it? Thursday is the earliest date cited by Reuters sources for the polysilicon announcement. Any formal action would typically appear through a presidential proclamation, a Commerce Department statement, or related trade notices, while additional refund updates are being filed in the Court of International Trade and processed by Customs and Border Protection. (taxfoundation.org) (usnews.com)