{"id":25791,"date":"2026-02-27T17:30:24","date_gmt":"2026-02-27T17:30:24","guid":{"rendered":"https:\/\/microvibenews.com\/?p=25791"},"modified":"2026-02-27T17:30:24","modified_gmt":"2026-02-27T17:30:24","slug":"the-trump-administration-is-looking-for-ways-to-keep-revenue-from-tariffs-that-were-ruled-illegal","status":"publish","type":"post","link":"https:\/\/microvibenews.com\/?p=25791","title":{"rendered":"The Trump administration is looking for ways to keep revenue from tariffs that were ruled illegal"},"content":{"rendered":"

<\/p>\n

The Supreme Court ruled that President Donald Trump\u2019s global tariffs were illegal, but that\u2019s not going to stop the administration from holding on to the money it\u2019s already collected. <\/p>\n

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Sources told Politico<\/em> officials are weighing various ideas, including discouraging companies from demanding refunds, arguing revenue collected previously is retroactively legal under new tariffs, and letting claimants skip to the front of the line if they give up a portion of the funds they\u2019re owed.<\/p>\n

The White House didn\u2019t immediately respond to Fortune<\/em>\u2018s request for comment.<\/p>\n

Last Friday, the top court struck down tariffs invoked under the International Emergency Economic Powers Act, upholding decisions from lower courts. Hours later,\u00a0Trump announced a fresh set of global levies under a different law as well as investigations that are likely to lead to longer-term duties.<\/p>\n

But the Supreme Court didn\u2019t detail a process for refunding tariff revenue, leaving it to the the U.S. Court of International Trade to figure out. Meanwhile, there are now about 2,000 refund claims for more than $170 billion in IEEPA tariff revenue.<\/p>\n

Treasury Secretary Scott Bessent already signaled the administration\u2019s stance on refunds, telling Fox News last Friday refunds would be the \u201cultimate corporate welfare.\u201d\u00a0And speaking at the\u00a0Economic Club of Dallas\u00a0in the immediate aftermath of the ruling, he said the issue \u201ccould be dragged out for\u00a0weeks, months, years.\u201d<\/p>\n

On the IEEPA revenues, he said: \u201cI got a feeling the American\u00a0people won\u2019t see it,\u201d though he added days later he will follow the court\u2019s direction on refunds.<\/p>\n

And soon after the Supreme Court ruling, Trump predicted refunds will \u201cget litigated for the next two years.\u201d<\/p>\n

Trump attempted to use IEEPA for the first time as a vehicle for imposing tariffs when he unveiled his \u201cLiberation Day\u201d duties last year.<\/p>\n

The tariffs were quickly challenged in court.\u00a0While litigating the case last spring, Justice Department lawyers repeatedly acknowledged that if the tariffs were deemed unlawful, then the government would issue refunds to the plaintiffs.\u00a0<\/p>\n

DOJ also made those assurances to argue that courts shouldn\u2019t grant plaintiffs emergency relief from the tariffs, and instead let them stand during the legal proceedings.<\/p>\n

In a Washington Post<\/em> op-ed published on Tuesday, the lawyer who argued the case before the high court on behalf of plaintiffs called out the administration for its hesitance about refunds.<\/p>\n

Neal Katyal, a partner at Milbank LLP and former acting U.S. solicitor general in the Obama administration, said judges relied on the government\u2019s suggestion that tariff harm was temporary and repairable.<\/p>\n

\u201cThe government cannot tell courts that refunds are simple and inevitable when seeking relief\u2014and then imply they are complex and distant when the time comes to pay,\u201d he wrote. \u201cThe rule of law does not operate on shifting premises.\u201d<\/p>\n

Katyal also pointed out most of the tariff revenue is owed to Americans. In fact,\u00a0a New York Fed study found\u00a0U.S. consumers and companies have paid 90%\u00a0of Trump\u2019s import taxes, despite his claims other countries are shouldering the burden.<\/p>\n

Ahead of the Supreme Court decision, companies like\u00a0Costco\u00a0that paid the levies filed lawsuits to help ensure they get their money back. And FedEx became the first major company to sue for a full tariff refund with a complaint on Monday in the U.S. Court of International Trade.<\/p>\n

The government has paid refunds after similar cases in the past. The Customs and Border Protection agency also has a process in place for refunding duties when importers can prove an error.\u00a0<\/p>\n

But trade lawyer Joyce Adetutu, a partner at the Vinson & Elkins law firm,\u00a0told the Associated Press \u201cthe government is well-positioned to make this as difficult as possible\u201d for importers seeking refunds.\u00a0<\/p>\n

\u201cI can see a world where they push as much responsibility as possible onto the importer,\u2019\u2019 she added, speculating they may be forced to go to court to get their money back.<\/p>\n<\/div>\n

#Trump #administration #ways #revenue #tariffs #ruled #illegal<\/p>\n","protected":false},"excerpt":{"rendered":"

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