Trump to appeal tariff refund order affecting Canadian importers
The U.S. administration plans to challenge a court order requiring it to refund all companies that paid invalidated tariffs, not just those who sued.
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Businesses across North America were starting to see refunds after the U.S. Supreme Court ruled President Trump lacked constitutional authority to impose higher tariffs on most countries. Then the Trump administration moved to halt the process.
The Department of Justice said Friday it intends to appeal a federal judge's order allowing all importers that paid the struck-down duties to claim refunds. The move threatens to stall a system that had been working smoothly—the first refunds hit bank accounts on May 12, just three weeks after the refund claims portal opened.
As of May 22, applications totaling $85 billion had been accepted for processing, with $20.6 billion in refunds already directed to companies, according to court filings. The government estimates it owes roughly $166 billion total to about 330,000 importers eligible for refunds.
Judge Richard K. Eaton has scheduled a June 9 hearing to consider whether the government should be required to accelerate the repayment process. The Justice Department is also asking the judge to allow a CBP deputy to appear instead of the commissioner himself. For Canadian importers and distributors caught in the tariff crossfire, the appeal signals a legal battle ahead—and more uncertainty about when they'll recover the money they paid.