Top-level corporate officials, customs agents, and legal experts are preparing for a critical forthcoming decision from the Supreme Court regarding the legality of the extensive global tariffs imposed by U.S. President Donald Trump. There is also a looming battle over the potential reimbursement of around $150 billion US from the U.S. government for tariffs already paid by importers in case the ruling goes against him.
Speculation has been mounting that the Supreme Court might invalidate the tariffs imposed by Trump under the International Emergency Economic Powers Act of 1977. This speculation intensified after conservative and liberal justices expressed doubts during the November hearings about whether the law granted him the authority to impose such duties.
The Supreme Court is anticipated to announce its decisions on Friday, although the specific cases under consideration have not been disclosed.
Several companies are preparing for potential challenges in reclaiming refunds even if the court rules against Trump’s tariffs. Jim Estill, the CEO of Danby Appliances, a Canadian company that distributes household appliances manufactured in China and other targeted Asian countries, expressed concerns about the complexity of the refund process and potential conflicts with retail partners like Home Depot.
Trump is the first president to utilize the International Emergency Economic Powers Act to impose tariffs, a law traditionally used for imposing sanctions on adversaries or freezing their assets.
The tariffs imposed by Trump under the IEEPA have reportedly amassed an estimated $133.5 billion US in collections between February 4 and December 14, 2025. The total collection is projected to approach $150 billion US 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 highlighted the potential for compensatory tariffs to offset any lost revenues if refunds are mandated.
Various companies, including Costco, have initiated legal actions to safeguard their refund rights, anticipating challenges in recuperating payments made for the tariffs. Importers are racing against time to rectify any tariff-related issues before the 314-day deadline for corrections lapses.
Experts recommend meticulous record-keeping and swift action by companies to enhance their chances of securing refunds promptly, as bureaucratic processes in Washington could potentially prolong the repayment period.
A recent technical modification by CBP indicates a shift to electronic distribution for tariff refunds, giving hope for a smoother refund process if the Supreme Court rules against Trump’s tariffs.
Despite these developments, uncertainty remains regarding how CBP will handle a potential ruling against Trump’s tariffs.