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Businesses start claiming refunds on Trump’s ‘unlawful’ tariffs

FILE – A customs agent wears a patch for the U.S. Customs and Border Protection agency, 27 October 2017, at John F. Kennedy International Airport in New York.
– Copyright AP Photo
A long-awaited refund portal opened on Monday for US businesses hit by Trump’s tariffs, with $127bn in eligible claims already registered. The catch? It could take months, and shoppers will see few benefits.
American businesses got a long-awaited shot at clawing back billions of dollars in tariffs on Monday, as a government refund portal opened for importers stung by import taxes the Supreme Court ruled Donald Trump had no constitutional authority to impose.
US Customs and Border Protection (CBP) launched the online system at 8 am or 2 pm CET, giving companies their first chance to formally request reimbursement for payments made under Trump’s sweeping tariff regime — struck down in a 6-3 Supreme Court ruling in February, which found the president had overstepped Congress’ tax-setting authority.
The numbers are eye-watering. More than 330,000 importers paid a combined $166bn (€146bn) across more than 53 million shipments.
As of 14 April, some 56,497 had registered for the refund system, with eligible claims totalling $127bn (€112bn) including interest.
Not everyone gets to join the queue at once, though.
The first phase covers only tariffs that were estimated but not finalised, or within 80 days of a final accounting. If a claim is approved, businesses are facing a wait of 60 to 90 days for the money to be paid.
Lawyers are urging patience — and precision.
“If there is an entry on that file that does not qualify, it may cause the entire entry to be rejected,” said Meghann Supino, a partner at Ice Miller.
She also warned that a busy launch day could bring technical headaches.
“Like any electronic online program that goes live with a lot of interest, I would expect that there might be some hiccups.”
For small businesses, the stakes are acutely personal.
Brad Jackson, co-founder of After Action Cigars in Rochester, Minnesota, said he started pulling records together the moment the launch date was announced.
His company, which imports cigars and accessories from Nicaragua and the Dominican Republic, absorbed $34,000 (€30,000) in tariff costs last year rather than pass them on to customers. His concern now is speed.
“A refund process that takes several months to complete doesn’t solve the cash flow problem that it is supposed to fix,” he said.
For consumers, however, the prospect of seeing any of that money is slim.
Businesses receiving refunds are under no obligation to share the proceeds with customers.
Class-action lawsuits are working through the courts, targeting companies including Costco and Ray-Ban maker Essilor Luxottica, but reimbursements through that route remain a distant prospect.
Technology, media and telecoms firms stand to gain the most, with an estimated $47.6bn (€42bn) in potential refunds, according to PwC, followed by industrial products and manufacturing at $39.7bn (€35bn). Consumer products, automotive and pharmaceuticals are not far behind.
Household names already filing claims include Costco, Toyota, Goodyear, Xerox, Steve Madden and Bath & Body Works, according to law firm Clark Hill.
More than 3,000 cases are now before the US Court of International Trade covering the full spectrum of industries.
The better bet for individuals may be delivery firms.
FedEx, which collected tariffs directly from consumers on some imports, said it would return refunds to customers once it receives them.
“We are working with our customers as CBP begins processing refunds and plan to begin filing claims on 20 April,” the company said.
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