President Trump’s 10% global tariffs imposed under Section 122 remain in force notwithstanding his indications that the rates for some countries may be increased to 15%, as neither an Executive Order nor United States Customs and Border Protection (CBP) have confirmed that change.
Neither has there been any confirmation from the Court of International Trade (CIT) of a refund process. Claims by largely blue state governors for refunds to consumers could muddy the waters. Although coalition tariff opponents have asserted that consumers bore the brunt of the IEEPA tariffs, in reality only a small percentage of the duties were passed on to consumers through higher prices. The bulk of the tariff burden by far was paid by American importers. While the refund payment would be technically straightforward, determining what has been passed on to consumers would be extraordinarily difficult. Securing refunds to importers would also be burdensome should the Administration elect not to cooperate.
Also unclear is how quickly the CIT will move. Moreover, the Administration has 25 days to request an exceedingly rare review by the Supreme Court of its decision. On February 27 over Truth Social the President questioned whether a “Rehearing or Readjudication” was possible, but the Court has not reheard a case in decades, and as a majority of the Court would have to agree, it is even more unlikely to happen here with a 6-3 decision.
Today the United States Court of Appeals for the Federal Circuit denied the Administration’s request to delay implementation of the Supreme Court ruling by 90 days before issuing its mandate “to allow the political branches an opportunity to consider options.” The Appeals Court’s decision effectively clears the way for the lower court or CIT to begin the next phase of determining relief for the small businesses that successfully challenged the IEEPA tariffs.
On February 24, the Tariff Refund Act of 2026 (Senate Bill 3905) was introduced in the Senate. The legislation would require CBP to issue refunds within 180 days after enactment while prioritizing small businesses in that process as well as ensure that importers would not be required to take costly administrative steps to procure refunds. As posted by the United States Senate Committee on Finance, the bill:
Requires CBP to pay refunds of all tariffs that were unlawfully imposed by the President under IEEPA and paid by importers—even if the importation has already been finalized and closed (“liquidated”) by CBP.
Sets a deadline of 180 days after enactment for CBP to process all refunds.
Requires CBP to pay interest on the refunded amount.
Directs CBP to prioritize small businesses when paying refunds and to coordinate with the SBA to provide key information on the refund process to small businesses.
Requires CBP to report every 30 days to relevant congressional committees on the status of refunds until CBP has completed the payment of all refunds.
Directs CBP to issue guidance on how to address duty drawback claims.
Expresses the Sense of Congress that importers, wholesalers, and large corporations should pass on those refunds to their customers.
Supporters of prompt refunds are encouraged to contact their senators to express support for this bill while the court process unfolds.
A good summary of the current tariff refund situation can be found here.
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Disclaimer from Progressive Trade Consulting: PTC is not a law firm, does not practice law, and does not provide legal advice. The Client should consult legal counsel for any legal matters, including trade compliance. The Importer of Record (IOR) is responsible for complying with customs regulations and managing the import process. This includes obtaining required licenses and permits, classifying and valuing goods correctly, declaring goods accurately, paying duties and taxes, following import rules, and maintaining proper records.