Hoping for a tariff refund? Trump officials say they are waiting for lower courts to provide instructions. ‘They created the situation’

Fortune

by Jason Ma

February 22, 2026

AI-Generated Deep Dive Summary

The Supreme Court's recent ruling striking down President Donald Trump's global tariffs has left the process for handling refunds unclear. Administration officials, including U.S. Trade Representative Jamieson Greer, have stated they will wait for lower courts to provide guidance on how refunds should be implemented. Greer emphasized that it is a matter for the courts, noting that importers may face challenges in securing refunds due to the government's potential resistance. The tariffs were initially imposed under the International Emergency Economic Powers Act (IEEPA), which was used for the first time by Trump to implement his "Liberation Day" duties. These tariffs were quickly challenged in court, and during arguments last spring, Justice Department lawyers acknowledged that refunds would be necessary if the tariffs were deemed unlawful. Following the Supreme Court's decision, Trump announced new global levies under a different law. Over $130 billion in revenue collected under the IEEPA tariffs is now at stake. Companies like Costco have filed lawsuits to ensure they receive refunds, but experts warn that importers may face significant hurdles. Trade lawyer Joyce Adetutu highlighted that the government could make the refund process as difficult as possible for importers, potentially forcing them to pursue legal action. The lack of clarity surrounding refunds has created uncertainty for businesses and importers. Brett Kavanaugh, a dissenting justice in the majority ruling, criticized his colleagues for avoiding the issue, warning that the refund process could become a "mess." This delay not only affects businesses but also highlights the broader implications of Trump's tariff policies on U.S. trade and international relations. For readers interested in business, this situation underscores the ongoing legal battles over tariffs and their financial impact on companies and consumers. The uncertainty surrounding refunds adds another layer of complexity for importers, who may face prolonged delays and challenges in recovering their money. This story highlights the importance of staying informed about legal developments that could affect business operations and financial planning.

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Originally published on Fortune on 2/22/2026