The recent news frenzy about companies possibly needing to file a lawsuit to get a refund if the Supreme Court strikes down IEEPA tariffs is more accurate than not. For companies that have paid a significant amount in IEEPA tariffs, particularly earlier in the year, filing a lawsuit now is a better way for a company to ensure it gets a significant refund of older tariff payments ASAP. The alternative is likely to entail having to wait one or more years and then still having to file a lawsuit.   

You may have seen the recent news of legal challenges to President Trump’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Supreme Court heard oral arguments in early November 2025 and is expected to issue a decision in early 2026. Separately, many companies, including significant names like Costco, have filed lawsuits to set themselves up for refunds depending on how the Supreme Court rules.

There are several considerations we are evaluating with clients to determine what specific steps are best, including:

• Tracking liquidation dates carefully to determine the best timing for different approaches
• Preparing for post-summary corrections to get the fastest refunds when possible
• Drafting complaints to be filed in the Court of International Trade to protect refunds
• Preparing customs protests for when court action isn't available 

The Key Point: A Supreme Court ruling invalidating the tariffs will likely not automatically generate refunds for all importers. Each company will likely need to take specific steps to preserve its right to a potential refund. Imports from February 2025 can begin liquidating in December 2025. Once liquidation occurs, the likely process for obtaining a refund can take years longer than acting before liquidation.

For more information, please contact Sean Aasen, Corey Norton or any member of Porter Wright's Government & Regulatory Affairs or International Business & Trade groups.