Trade lawyers predict tariff refunds will take months

U.S. President Donald Trump at a press conference
U.S. importers are entitled to refunds on duties collected from President Donald Trump's now-illegal IEEPA tariffs, but those refunds may take months to receive | Photo courtesy of The White House
6 Min

The U.S. Supreme Court struck down President Donald Trump’s International Emergency Economic Powers Act (IEEPA) tariffs, setting up thousands of companies for a refund, but trade lawyers predict it will likely be months before importers see the money.

U.S. Customs and Border Protection (CBP) sent out a communication indicating as of 12 a.m. Eastern Standard Time on 24 February it stopped collecting duties related to seven different executive orders issued by Trump, all of which fell under the IEEPA. Even though the tariffs have ceased, acquiring a refund could take several months, according to trade lawyers contacted by SeafoodSource. 

Peter Quinter, a U.S. customs and international trade attorney at Florida-based law firm Gunster, told SeafoodSource companies should expect a six-month wait at a minimum to receive any refund.

“It’ll be six months, and more likely, it’ll be a year and a half,” Quinter said. “The refunds will definitely be made to U.S. importers for the now determined illegal IEEPA tariffs Trump imposed a year ago. As far as when they’re going to get the refunds? As I’ve said before, those companies that filed a lawsuit and a complaint with the U.S. Court of International Trade I expect to be refunded first, that’s the advantage of filing a complaint."

Quinter’s comments mirror those of Vinicius Adam, an attorney with VAdam Law in Fort Lauderdale, Florida. Adam filed a complaint on behalf of Netuno in November 2025, predicting the Supreme Court would overturn the IEEPA tariffs and that filing a complaint was the best mechanism for receiving a refund.

“The reason some law firms, including mine, are suggesting filing lawsuits is that they will be in the best position to receive refunds,” Adam said in November. “The ones that file a lawsuit will probably get refunded first.”

Major companies have also recently filed lawsuits for refunds. Major global shipping company FedEx filed a lawsuit on 23 February seeking a full refund, joining other major companies like Costco and Kohls.

“My guess is over the next couple weeks, thousands more will file lawsuits,” Quinter said.

Even if a company has filed a lawsuit, it doesn’t mean a refund will come quickly, according to Quinter. The U.S. Court of International Trade will first need to receive the lawsuit – which was remanded to it by the Supreme Court – and then it will need to make a ruling directing CBP on how the refunds will be doled out. 

“Fortunately the U.S. Court of International Trade was very adamant about refunding the money to U.S. importers,” Quinter said.

According to Quinter, CBP already issues refunds every day for a variety of reasons, and the mechanisms to process those refunds already exist.

“The government is constantly refunding money. When I file protest and prevail, Customs refunds the money electronically or by check, and that happens every single day in the U.S., so the process is not complicated,” Quinter said.

However, Trump has appeared unwilling to make the process run smoothly, which means much of the refund process will be governed by decisions made by the U.S. Court of International Trade, Quinter said.

As legal experts predict refunds could take months, 19 Democrats in the U.S. Senate have filed a bill to require refunds of the IEEPA tariffs, with interest, within 180 days.

Senate Finance Committee Ranking Member Ron Wyden (D-Oregon), along with Small Business Committee Ranking Member Edward J. Markey (D-Massachusetts), filed the “Tariff Refund Act of 2026” to pressure CBP to refund all tariffs with a deadline of 180 days, with an added caveat that CBP must report every 30 days to Congressional committees on the status of the refunds.

“Trump’s illegal tax scheme has already done lasting damage to American families, small businesses, and manufacturers who have been hammered by wave after wave of new Trump tariffs,” Wyden said. “Senate Democrats will continue fighting to rein in Donald Trump’s price-hiking trade and economic policies. A crucial first step is helping people who need it most by putting money back in the pockets of small businesses and manufacturers as soon as possible.”

Quinter said regardless of the timeline, with the Supreme Court ruling, it’s now guaranteed that U.S. businesses will get the money back.

“It’s going to end up fine for U.S. importers in the end,” he said.  

Subscribe

Want seafood news sent to your inbox?

  Subscribe to SeafoodSource News

Editor's Choice