May 31, 2026, 7:24 AM

Trump plans to appeal order allowing all importers that paid struck-down tariffs to seek refunds

The Trump administration plans to appeal a federal court order that would allow all importers who paid certain struck-down tariffs to seek refunds. This move could halt or complicate a refund process that is already underway for businesses.

The Justice Department filed notice on Friday of its intent to appeal a federal judge's order, which mandated across-the-board refunds for tariffs ruled illegal by the U.S. Supreme Court. The government's disclosure was included in an objection to a judge's order for U.S. Customs and Border Protection (CBP) Commissioner Rodney Scott to appear in person for a June 9 hearing.

Earlier this year, the U.S. Supreme Court ruled that President Donald Trump improperly imposed some tariffs on imported goods. The court found that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were unlawful.

Following the Supreme Court's decision in Learning Resources, Inc. v. Trump, U.S. Court of International Trade (CIT) Judge Richard Eaton issued a Refund Order on March 4, 2026. This order applied nationwide to all importers, rather than only to the specific parties involved in the court case, according to Holland & Knight.

The Trump administration's appeal specifically targets this "universal injunction," challenging the CIT's authority to issue an order that applies to all companies, not just those that filed lawsuits. "For that reason, defendants intend to appeal the court’s universal injunction," lawyers for the administration wrote, as reported by AP News.

CBP had launched a new online portal on April 20 to process refund claims, signaling its intention to repay at least some of the estimated $166 billion in levies that were struck down. As of May 22, applications for refunds totaling $85 billion had been accepted for processing, according to a legal filing by CBP.

The agency estimated that the government owes money to approximately 330,000 importers who might be eligible for refunds. Despite the appeal, CBP stated it would continue to move "as quickly as it can to process refunds in a phased approach" for businesses that filed some 485 pending trade court complaints to assert their rights to refunds, AP News reported.

The appeal could inject legal uncertainty into the claims process. Businesses, both large and small, have already begun receiving refunds following the Supreme Court's ruling, according to The Washington Post.

Sources