Company leaders, trade experts, and legal advisors are preparing for a crucial Supreme Court verdict concerning the legality of the extensive global tariffs imposed by U.S. President Donald Trump. There is a potential battle looming over the retrieval of up to $150 billion in refunds from the U.S. government for duties already paid by importers in case the ruling goes against Trump.
Speculation about the court striking down Trump’s tariffs enforced under the International Emergency Economic Powers Act of 1977 heightened after conservative and liberal justices expressed doubts during the November hearings about the president’s authority to impose such duties under that law.
The upcoming rulings from the court, expected to be disclosed on Friday, have not been specified regarding which cases will be addressed, following the standard practice.
Several companies are preparing for a scenario where even if the court invalidates Trump’s tariffs, the process of obtaining refunds might not be straightforward. Jim Estill, CEO of Danby Appliances, expressed concerns about the government’s reluctance to return money, especially under Trump’s administration. Estill highlighted potential challenges in reclaiming $7 million in tariffs paid by Danby, as well as the possibility of Home Depot and its customers seeking a share of the refunds.
Trump made history as the first president to utilize the International Emergency Economic Powers Act for imposing tariffs, a law traditionally employed for imposing sanctions on U.S. adversaries or freezing their assets. The tariffs linked to this act amassed an estimated $133.5 billion between February 4 and December 14, 2025, according to data from U.S. Customs and Border Protection. The total collection is projected to approach $150 billion based on the average daily rates from late September to mid-December.
U.S. Treasury Secretary Scott Bessent expressed confidence in the Supreme Court siding with Trump, while U.S. Trade Representative Jamieson Greer indicated that any potential refund rights would need to be sorted out by the Treasury and CBP. Greer also mentioned the possibility of compensating for lost revenues through new tariffs imposed by Trump under alternative legal authorities.
The refund process for importers will significantly hinge on the Supreme Court’s instructions or potential remand to a lower court, likely the Court of International Trade, as explained by customs lawyer Joseph Spraragen. Importers have a limited timeframe of 314 days to rectify imports before they are “liquidated,” barring any refund opportunities, a deadline that has already passed for imports from China subjected to tariffs in February 2025.
Some companies, including Costco, have taken preemptive legal actions against CBP to safeguard their right to potential refunds, highlighting uncertainties about securing refunds even if the Supreme Court deems the tariffs unlawful.
Amid the anticipation surrounding the Supreme Court ruling, a recent technical adjustment by CBP to transition all tariff refunds to electronic distribution is fostering hopes for a structured refund process. Although this change falls short of expectations for a fully automated refund system, it indicates CBP’s readiness to proceed with refunds if the court rules against Trump’s tariffs.