The Trump administration is reportedly fighting a court order to return $166 billion (£133 billion) in tariffs collected from importers, following a Supreme Court ruling that deemed the levies unconstitutional. The tariffs, imposed under the 1977 International Emergency Economic Powers Act, were struck down in February by a 6-3 Supreme Court decision.
According to The New York Times, the administration is resisting a spring order by international trade court judge Richard K. Eaton demanding immediate refunds. The Department of Justice filed an emergency appeal to replace U.S. Customs and Border Protection (CBP) Commissioner Rodney S. Scott, who is due to testify about the refund process on Tuesday. Judge Eaton upheld his order, noting the $166 billion at stake.
The Independent has contacted the White House, CBP, and the Department of Justice for comment. The tariffs, initially imposed in April 2025, included a 10% levy on all imports and additional reciprocal duties. President Trump criticised the Supreme Court ruling, expressing shame over some justices' decisions.
Despite the legal battle, some companies have begun receiving refunds. Executives from Oshkosh Corporation and Basic Fun, maker of Care Bears and Lincoln Logs, told CNBC they had received partial refunds. The administration owes refunds to approximately 330,000 importers across 53 million entries, according to The Times.
