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Businesses celebrate victory over Trump tariffs but refunds may take some time

Businesses celebrate victory over Trump tariffs but refunds may take some time
Businesses celebrate victory over Trump tariffs but refunds may take some time

The Supreme Court of the United States ruled that the White House emergency tariffs were invalid. This was a victory for thousands of businesses. The refund process?has just begun.

The court's decision could have a ripple effect on the global economy. It ruled that Donald Trump cannot use the 1977 International Emergency Economic Powers Act in order to levy a broad?tariff on imports.

The corporate world spent months adapting to Trump's constantly-evolving policy on trade and his use of tariffs to advance his agenda. Not only to address trade issues, but also to act as a weapon against the policies and actions of other governments.

There are thousands of businesses that will now decide whether or not to seek refunds. This is because it's more than just a lawsuit.

$175 billion

Penn-Wharton Budget Model's economists stated on Friday that the tariffs collected in the U.S. could be refunded.

The shares of the affected companies rose, from LVMH and Hermes to Italian luxury outerwear company Moncler.

Consumer goods, automotive and manufacturing companies, as well as apparel manufacturers, have been particularly affected by the tariffs, since they rely on low-cost production from China, Vietnam and India. Trump's tariffs increase the cost of imported finished goods and components. This squeezes margins and disrupts finely-tuned global supply chains. Since April, more than 1,800 cases relating to tariffs have been filed at the U.S. Court of International Trade. This court has jurisdiction in tariffs and customs issues. In 2024, there were only a few dozen such suits.

Plaintiffs include the Japanese motorcycle manufacturer Kawasaki Motors, subsidiaries of Japan's Toyota Group and U.S. big box retailer Costco. Also included are tire maker Goodyear Tire & Rubber as well as aluminum company Alcoa. Many lawyers believe that many other companies will join the lawsuits, as they waited for the ruling so as not to attract unwanted attention. The companies will join the queue of other companies that could wait for months or even years to recover billions in import duties. Lawyers have stated that the refund process will be long and those who filed early may get reimbursed more quickly.

"Companies are faced with the challenge of collecting detailed import data in order to calculate the tariffs that were paid under different regimes which were applied at different times.

Nabeel Yousef, a partner at Freshfields law firm, said that even multinational companies may not have their data organized neatly. He said that even with the ruling on Friday, "it's not like companies will start receiving checks in the post" on Monday.

Tariffs are a burden on consumers who have already been drained by years of inflation following COVID. Last week, the Federal Reserve Bank of New York stated that 90% of Trump’s tariffs were paid by American companies and consumers. This was a response to the White House's claim that foreigners are responsible for the levies.

According to the Yale Budget Lab, as of November, the U.S. effective tariff rate was 11,7%. This compares with a 2.7% average between 2022-2024.

More suits coming?

Some companies were initially reluctant to challenge the Trump Administration on tariffs. However, this attitude changed after the Supreme Court hearing held in November. During the hearing, several justices expressed doubts about Trump's legal reasoning for his expansive actions on trade.

It is expected that the U.S. Court of International Trade will handle refund logistics. Trump officials have stated that they will continue to use lawful authority in order to levy duties, such as laws which allow the United States the ability to protect itself against unfair trade practices, or to shield sectors vital to national security.

Tariffs will not disappear. "They're going to be under another umbrella," said Ted Murphy. Ted Murphy is the co-leader for Sidley's global trade, arbitration and advocacy practice.

The automotive sector will continue facing significant tariffs that were not levied by the 1977 International Emergency Economic Powers Act. Last year, import tariffs of 25 percent were imposed on vehicles coming from Mexico or Canada. This was based on national security grounds.

Attorneys say, however, that thousands of auto components shipped to the U.S. by?countries under Trump's reciprocal duties are likely being levied, increasing costs for parts suppliers and carmakers. Anticipating a long refund process, some U.S. firms have decided to sell their rights to receive refunds to investors. The companies will accept a small upfront payment - about 25-30 cents per dollar - and agree to give the remainder to investors if the tariffs are overturned. This was reported in December.

DHL, a German logistics company, said it would use its technology to make sure that customers receive refunds "accurately and efficiently" when they are authorized. The companies have not yet confirmed whether they will lower prices to appease middle- and low-income Americans who have cut back on their spending due to rising costs.

"We would certainly file for a reimbursement as I'm sure every other importer will do. I doubt that prices will drop. This rarely happens," said Jason Cheung CEO of Huntar Co., a small toymaker that is one of plaintiffs.

(source: Reuters)