US appeals tariff refund order

The Trump administration said on May 29 that it will appeal a federal judge’s order allowing all U.S. companies that paid invalidated tariffs to seek refunds, extending a legal fight that has already begun sending money back to importers. Businesses have started receiving payments after the U.S. Supreme Court ruled in February that President Donald Trump lacked authority to impose sweeping tariffs under the International Emergency Economic Powers Act, according to Bloomberg-based reports carried by TT News and other outlets. (ttnews.com) The government’s appeal is aimed at the scope of refunds, not the Supreme Court ruling itself, according to those reports. (ttnews.com) The dispute now leaves importers, customs brokers and supply-chain companies waiting on how broadly the courts will require the government to repay duties collected under the program. ### Which tariffs are at the center of the refund fight? The Supreme Court ruled on February 20, 2026, that Trump lacked legal authority to impose broad tariffs under the International Emergency Economic Powers Act, according to legal and industry summaries published after the decision. Those tariffs had applied to goods from nearly every other country, and the ruling set in motion a refund process for importers that paid them. TT News reported that the administration had already begun processing refunds tied to roughly $166 billion in tariffs struck down by the court. (ttnews.com) A separate TT report said the government was issuing more than $35.5 billion to importers who had successfully filed refund claims, showing that the repayment process was already underway before the latest appeal announcement. ### Why is the administration appealing now? May 29 is the date the administration said it intended to challenge a federal judge’s order that expanded refund eligibility beyond the companies that sued. (beckerlawyers.com) TT News reported that the order would allow all companies that paid the invalidated duties to seek refunds, not just the plaintiffs in the original cases. ABC and AP versions of the story said the administration’s move could slow or halt the broader refund process while the appeal proceeds. (ttnews.com) The government has argued in court filings and related reporting that it wants to limit how widely the order applies, even as Customs continues making some payments. ### How far has the refund process already gone? May 11 was the target date for the first refund payment, according to an April 29 TT News report on the rollout of the system. (ttnews.com) That report said thousands of importers were also encountering problems with a new online portal built to handle claims. Customs and Border Protection has told the court that importers must request refunds through a new online portal and opt in to an electronic payment system. TT News reported last month that only 57,000 importers had completed that step at the time of a court filing by Brandon Lord, a CBP executive director. (abcnews.com) ### Who stands to gain from the judge’s order? All U.S. companies that paid the invalidated tariffs are the group covered by the order described in the May 29 appeal notice, according to TT News and AP-based reporting. (ttnews.com) Before that order, the government’s position had been narrower, with refunds more clearly tied to companies that had sued or otherwise completed the claims process. Importers have also been weighing whether to pursue refunds publicly. TT News reported that companies were scrambling for as much as $166 billion in refunds plus interest, while some stayed quiet because of political and legal risks tied to the issue. (ttnews.com) ### What happens next in court and at Customs? The appeal will move through the federal courts while Customs continues operating the refund system already built for claims, according to the reporting and court-related updates. TT News has reported that the agency created a web-based portal to process claims and has continued updating judges on its progress and importer participation. (ttnews.com) The next concrete step is the appellate fight over the judge’s order expanding refunds beyond the original plaintiffs. (ttnews.com) As that case proceeds, U.S. Customs and Border Protection is expected to keep processing eligible claims and electronic payments through its portal unless a court orders otherwise. (ttnews.com 1) (ttnews.com 2)