Act Fast for Tariff Refunds As Trump Walks Back DOJ Assurances

Litigation attorney Ashley Akers wrote an article for Bloomberg Law about the tariff refund process following the U.S. Supreme Court's decision invalidating tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The court concluded in its February 20, 2026, ruling that IEEPA does not authorize the president to impose tariffs but remained silent on the issue of remedies and refunds, setting up high-stakes litigation before the U.S. Court of International Trade (CIT), where around 1,500 companies have already filed lawsuits seeking to stay liquidation and preserve refund eligibility. Ms. Akers explains, however, that President Donald Trump's comments post-decision indicate the administration may fight refund requests, even though the CIT allowed liquidation to proceed based on the government's assurance that it would "not object" to recalculating duties and would "issue refunds to plaintiffs" if the measures were found unlawful – and said the government could not "assume a contrary position to argue that refunds are not available" later. As questions about refunds swirl and additional litigation plays out, Ms. Akers urges importers to act quickly through calendaring protest deadlines, monitoring liquidation status and identifying entries that may already have been liquidated. She also advises companies to compile documentation, evaluate the financial implications of recovery and take timely steps to invoke remedies.

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