Trump Admin. Readies for Possible Tariff Refunds as Supreme Court Weighs IEEPA Case
Greer says Treasury prepared for complex repayment process if Trump’s tariff powers are struck down
U.S. Trade Representative Jamieson Greer said Thursday the Trump administration “will be ready” to issue refunds for tariffs collected under President Trump’s International Emergency Economic Powers Act (IEEPA) if the Supreme Court rules against them.
Speaking on Fox Business, Greer said specific plaintiffs would be reimbursed first, while the Treasury Department would manage the broader repayment logistics to importers.
Greer downplayed concerns about losing the case despite sharp questioning from justices during oral arguments. Justice Amy Coney Barrett voiced concern over the potential administrative “mess” of refunding billions in duties, noting that the refund process could be highly complex. Plaintiffs’ attorney Neal Katyal acknowledged the difficulty, citing the precedent of U.S. v. United States Shoe Corp., where refunds took years to process.
Legal experts say a narrow ruling could limit refunds to plaintiffs directly involved, forcing other importers to file separate lawsuits or join class actions. That possibility is already being pursued: a Connecticut-based importer filed a class-action suit on Nov. 4 on behalf of all importers affected by Trump’s IEEPA tariffs. The New Civil Liberties Alliance, which is litigating that case and others pending in lower courts, said the class-action filing ensures that if the Supreme Court grants only limited relief, affected businesses will still have a path to recover payments.
Greer insisted the administration remains confident in its defense. “Whatever happens, we will be ready for next steps,” he said.
