The first refunds tied to President Donald Trump’s overturned tariffs are expected around May 11, according to a filing in the U.S. Court of International Trade, launching what could become one of the largest government repayment efforts in recent history.
The refunds stem from a February U.S. Supreme Court decision in Learning Resources, Inc. v. Trump and a consolidated case, Trump v. V.O.S. Selections, Inc., which ruled that the president exceeded his authority under the International Emergency Economic Powers Act (IEEPA) in imposing sweeping tariffs.
In a Tuesday order, Judge Richard Eaton of the U.S. Court of International Trade said about 21 percent of eligible tariff entries had already been accepted for duty removal through a process known as Consolidated Administration and Processing of Entries, or CAPE.
Consumer Refunds and Lawsuits
The Supreme Court ruling left unresolved whether businesses that raised prices because of tariffs should refund consumers who ultimately paid the higher costs. That question is now driving class-action lawsuits against major retailers and consumer brands.The firm cited at least four lawsuits filed between Feb. 26 and March 16, including Russell v. Whaleco Inc., Ward v. EssilorLuxottica S.A., and two separate actions against Costco.
According to Ballard Spahr, "double recovery" refers to collecting government refunds after already passing tariff costs on to customers through higher prices.
"Put otherwise, if a company charged consumers higher prices to account for tariffs, and then receives a government refund of those same tariffs, the company has allegedly been made whole twice — once by its customers and once by the government," the law firm wrote, adding that "the consumer, meanwhile, has no direct mechanism to recover the tariff component embedded in the price they paid."
Only a handful of major companies have publicly committed to returning tariff-related money directly or indirectly to consumers.
“As we have done in the past, when legal challenges have recovered charges passed on in some form to our members, our commitment will be to find the best way to return this value to our members through lower prices and better values,” Vachris said.
“We will be transparent in how we plan to do this if and when we receive any refunds,” he said.
In late February, FedEx was sued in federal court in Miami in a proposed class-action case seeking refunds for customers who paid import duties and fees on shipments that plaintiffs argue should have entered the U.S. duty-free.
FedEx said in February that “If refunds are issued to FedEx, we will issue refunds to the shippers and consumers who originally bore those charges.” FedEx also sued the federal government to recover tariffs it paid on imported goods under the IEEPA.
Most major retailers have not publicly committed to consumer refunds or rebates, according to Money.com.
“It’s brilliant if they don’t do that,” Trump said. “If they don’t do that, I will remember them.”
