Trump plans to appeal ruling letting importers seek refunds of paid struck-down tariffs

By — Mae Anderson, Associated Press Mae Anderson, Associated Press Leave your feedback Share Copy URL https://www.pbs.org/newshour/economy/trump-plans-to-appeal-ruling-letting-importers-seek-refunds-of-paid-struck-down-tariffs Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter Trump plans to appeal ruling letting importers seek refunds of paid struck-down tariffs Economy May 30, 2026 5:23 PM EDT NEW YORK (AP) — Businesses big and small have started receiving tariff refunds after the U.S. Supreme Court ruled that President Donald Trump lacked the constitutional authority to impose higher import taxes on goods from nearly every other country. The process could grind to a halt, however, after the Trump administration said Friday that it intended to appeal a federal judge's order to allow all companies that paid the invalidated duties to seek refunds, not just the ones that filed lawsuits. READ MORE: Federal court rules against Trump's new global tariffs Until the Department of Justice informed the judge of its planned appeal, the refund system overseen by U.S. Customs and Border Protection had been working fairly smoothly. Refunds reached the bank accounts of the first successful applicants on May 12, about three weeks after importers and their customs brokers could start submitting claims through an online system, according to CBP. Applications for refunds totaling $85 billion — more than half of the $166 billion the agency estimated the government owes to companies that paid the tariffs on imported goods — were accepted for processing as of May 22, CBP reported in a legal filing earlier in the week. It said it had so far directed the Treasury Department to issue $20.6 billion in refunds. The administration revealed its appeal preparations while objecting to a demand by Judge Richard K. Eaton for CBP Commissioner Rodney Scott to appear in the U.S. Court of International Trade to answer questions about how long it would take to repay all 330,000 importers that might be eligible for refunds. The judge scheduled a June 9 hearing on why he shouldn't require the government do whatever it takes to speed up the process. READ MORE: Trump says he's lifting certain tariffs on Scotch whisky after royal visit Justice Department lawyers asked Eaton to allow one or two of Scott's deputies to appear in his place, arguing that as a high-ranking presidential appointee, the CBP chief could not be compelled to testify. They also argued that Eaton exceeded his authority when he determined in March that the Supreme Court's ruling entitled "all importers of record'' to refunds. "For that reason, defendants intend to appeal the court's universal injunction," the lawyers wrote, adding that CBP would continue to move "as quicky as it can to process refunds in a phased approach" for businesses that filed legal complaints asserting their rights to refunds. In a written reply, Eaton said he needed to hear directly from Scott whether the govern