Delaware Businesses Welcome Supreme Court Decision Striking Down Trump Tariffs

Corporate leaders across multiple industries are celebrating the Supreme Court's decision to overturn former President Trump's emergency tariffs. While companies express relief at the ruling, they're now preparing for a complex refund process that could create new uncertainties in the coming months.

Corporate executives and trade organizations are expressing optimism following the U.S. Supreme Court’s February 20 decision to strike down former President Donald Trump’s emergency tariff measures, though many acknowledge the complicated reimbursement process that lies ahead.

The ruling has generated widespread commentary from business leaders across various sectors:

Steve Lamar, who leads the American Apparel & Footwear Association, emphasized the need for stability in trade policy. “Now is the time to restore a predictable and dependable trade policy, compliant with the rule of law, that the apparel and footwear industry can rely on to temper the already heavy tariff burden facing our industry, U.S. manufacturers, and every hard-working American family that relies on our products,” Lamar stated.

Michael Wieder, who co-founded baby products manufacturer Lalo, clarified the Court’s reasoning behind the decision. “The Supreme Court decision didn’t say that tariffs are illegal, it’s that this way of imposing tariffs is illegal … You can do it, but there has to be a clear definitive reason,” Wieder explained.

He added his satisfaction with the outcome: “We don’t have 100% of the facts, but we’ve been waiting for this and so many people have, so it is definitely a good day.”

However, some experts warn of challenges ahead. Steve Orava, who chairs the International Trade Practice at King & Spalding, pointed to continuing uncertainty. “The major issue that everybody’s going to be dealing with for at least the short term is some additional uncertainty … Whether you’re in favor of the tariffs or against the tariffs, there’s kind of a unified view that getting some certainty in terms of the tariff levels is what is most helpful to drive business and investment decisions,” Orava said.

The refund process itself may prove problematic, according to Andrew Wilson from the International Chamber of Commerce. “Instances where intermediaries, wholesalers, express shippers like DHL, FedEx have paid the tariff on behalf of customers, they will be named as the importer of record … I think there (is) going to be quite a lot of uncertainties, quite a lot of tension, possibly some litigation coming out of this,” Wilson predicted.

Retail Industry Leaders Association President Brian Dodge viewed the decision as an opportunity for improved government-industry cooperation. “The Supreme Court’s decision … opens the door for the Administration to engage industry more closely on trade policy to create the stability and predictability American retailers and consumers need,” Dodge commented.

Francis Creighton, who heads Wine & Spirits Wholesalers of America, welcomed the clarity the ruling provides. “Today’s decision restores clarity and helps stabilize an industry that depends on open markets and longstanding international partnerships,” Creighton said.

Dan Anthony, executive director of We Pay The Tariffs, a coalition representing over 800 small businesses, addressed the technical aspects of processing refunds. “From a technical perspective, for the U.S. government, this is not novel or difficult … Every shipment has a code that specifically calls out the IEEPA tariffs that are paid,” Anthony noted.

Anthony urged the government to act swiftly, saying it “should be looking to minimize future suffering.”