Companies that imported materials, components, or finished products from February 1, 2025 to February 20, 2026 may be eligible for substantial tariff refunds.
On February 20, 2026, the Supreme Court ruled that tariffs imposed under the International Emergency Economic Powers Act were unconstitutional. On March 2, 2026, the Federal Circuit Court of Appeals ruled that the tariffs refunds could not be delayed, allowing the refund process to move forward. This could result in the US government refunding over $175 billion of tariffs.
It is important to claim your refund for the financial health of your business, but also to protect yourself from additional financial harm should you be sued for having passed the cost of the tariff down, either directly or indirectly.
Which Businesses May Qualify for Tariff Refunds?
Many types of businesses may be eligible to recover previously paid tariffs, including:
- Manufacturers that directly imported raw materials or components
- Companies that directly imported finished goods for resale
- Businesses that directly relied on foreign supply chains during the affected period
- Downstream buyers who paid a markup for goods and supplies due to tariffs, but did not import the items directly, may also be eligible to recover funds by filing a lawsuit against a vendor.
How the Refund Process Works for Direct Importers
Tariff refunds are not automatic. Refunds of this scope are not usual, and the refunds process that was previously in place was not designed to handle these many requests at once. Due to this, the process is currently changing and being refined on nearly a weekly basis to accommodate such a large demand. Additionally, the current administration has expressed interest in challenging the process, which will result in more changes and delays.
- On April 20, 2026, Phase 1 opened to process refunds for some entries. GMP can help businesses decipher which claims are eligible under phase and work the business to assure that the submission is correct and in the specific format required.
- Later phases of the refund process have not been communicated or rolled out at this time. In the meantime, the clock is ticking and the statute of limitations on the remaining entries is getting closer each day. There is a 2-year statute of limitations from the date that the cause of action first accrues.
- Since the later phases of this process are a moving target and likely won’t be permanent for some time, the most important thing to do right now is to make sure that you preserve your tariff claim beyond the statute of limitations.
- To preserve your claim, you must file a complaint with the International Court of Trade. GMP will help navigate this process for you.
How the Refund Process Works for Indirect Purchasers of Foreign Goods
- If your company indirectly paid tariffs through explicit markups or a correlating increase in the price of goods, you consider filing a lawsuit or class action lawsuits. In fact class action lawsuits have already been filed against companies for passing down the tariffs.
How GMP Firm Can Help
Our attorneys are closely monitoring these everchanging developments and assisting businesses in evaluating their eligibility for tariff refunds.
Our team helps companies:
- Accessing ACE portals to pull the necessary information and assess whether they paid affected tariffs by reviewing ACE reports
- Determine potential refund amounts
- Review invoices to determine if a vendor increased their prices and fees due to tariffs.
- Prepare and file claims and lawsuits through the appropriate legal process for that situation
GMP specializes in tariff and trade-related claims. Even if your company already works with outside counsel in the general course of your business, you may still consider engaging GMP for this specific matter due to our focused knowledge and expertise.
Contact Attorney Doug Walters for a free consultation.
Phone: 440-930-4001
