Company leaders, trade experts, and legal professionals are preparing for a crucial Supreme Court decision regarding the legality of President Donald Trump’s extensive global tariffs. There is potential for a significant battle to secure around $150 billion in refunds from the U.S. government for tariffs already paid by importers if the ruling does not favor Trump.
Speculation is mounting that the Supreme Court may invalidate the tariffs imposed by Trump under the International Emergency Economic Powers Act of 1977. During the November hearings, justices across the political spectrum expressed doubts about the president’s authority to impose such duties under this law.
While companies are hopeful that the court will strike down Trump’s tariffs, they are also wary that the process of obtaining refunds may not be straightforward. Jim Estill, the CEO of Danby Appliances, a Canadian company affected by the tariffs, expressed concerns about the government’s reluctance to return money and Trump’s potential resistance to refunding tariffs.
Trump’s use of the International Emergency Economic Powers Act marks the first instance of a president invoking this law to impose tariffs. The estimated collections from these tariffs reached $133.5 billion between February and December 14, 2025. The total collection is projected to approach $150 billion based on data from U.S. Customs and Border Protection.
Treasury Secretary Scott Bessent has expressed confidence in the Supreme Court supporting Trump, while U.S. Trade Representative Jamieson Greer believes any lost revenues could be recuperated through new tariffs under alternative legal frameworks.
Numerous companies, including Costco, have taken legal action to safeguard their refund rights. However, the refund process’s viability hinges on the Supreme Court’s directives and could involve the Court of International Trade for resolution.
Trade advisory experts recommend companies maintain thorough records and act promptly to capitalize on potential refunds. Despite recent technical improvements by U.S. Customs and Border Protection for electronic tariff refund distribution, uncertainty remains about the process if the Supreme Court rules against Trump’s tariffs.
