A federal appeals court has sent tariff lawsuits back to the U.S. Court of International Trade in Wilmington to determine how more than $130 billion should be refunded to importers. The decision comes after the Supreme Court struck down Trump-era tariffs last month, affecting over 300,000 importers nationwide.
WILMINGTON, Delaware — A federal appeals court has directed tariff-related lawsuits back to Wilmington’s U.S. Court of International Trade on Monday, setting the stage for decisions on how to return over $130 billion in collected duties to importing companies.
The Federal Circuit Court of Appeals issued a brief, single-page ruling approving importers’ request to transfer the litigation back to the trade court where proceedings began earlier this year. The Trump administration had fought against this move, seeking a delay of up to four months to evaluate their legal strategy.
Last month on February 20, the Supreme Court invalidated tariffs that Trump had implemented using emergency economic powers. While more than 300,000 importing businesses paid these duties, the high court offered no direction on the government’s obligation to return the funds, with Trump warning the refund process might trigger five years of court battles.
Approximately 2,000 importing companies have filed legal claims seeking their money back, including major corporations such as FedEx. Meanwhile, smaller importing businesses are pushing for customs authorities to establish a streamlined, affordable system for processing refunds.
The importing companies have already petitioned the trade court to mandate government action on creating a refund mechanism once the case returns to the court’s authority.
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