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Businesses Face More Litigation to Get Tariff Refunds

Bloomberg

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The US Supreme Court ruled Trump-era tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were illegal but declined to address refund eligibility for affected businesses. Refund disputes will now return to the US Court of International Trade, according to Janet Whittaker, a senior disputes partner at Clifford Chance, prolonging legal uncertainty for companies. Hundreds of businesses already pursuing refunds through litigation may face additional court battles, Whittaker warned, complicating recovery efforts for tariffs paid under the invalidated policy. The ruling leaves open whether companies can recoup billions in tariffs collected since 2018, with no clear timeline for resolution as lower courts reinterpret the Supreme Court’s decision. Legal experts anticipate prolonged litigation, as businesses must individually prove eligibility for refunds, creating a backlog in international trade courts.

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Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the worldAmericas+1 212 318 2000EMEA+44 20 7330 7500Asia Pacific+65 6212 1000Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the worldAmericas+1 212 318 2000EMEA+44 20 7330 7500Asia Pacific+65 6212 1000Feb 23rd, 2026Businesses Face More Litigation to Get Tariff RefundsThe US Supreme Court ruled Donald Trump's tariffs under the IEEPA as illegal, but was silent on the issue of refunds. That decision is likely to go back to the US Court of International Trade says Janet Whittaker, Senior International Arbitration and Disputes Partner at Clifford Chance. She says the hundreds of businesses that have already taken legal action seeking refunds may face further litigation. Whittaker joined Lizzy Burden on 'Bloomberg Daybreak Europe'.Duration:6:29Duration:13:10Duration:1:06Duration:9:43

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Source: Bloomberg

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