Tariff Refund Lawsuits, Supreme Court Uncertainty, and What Importers Should Do Now
- Schulz Trade Law
- Dec 20, 2025
- 3 min read
Tariff Refund Lawsuits, Supreme Court Uncertainty, and What Importers Should Do Now
Michelle Schulz explains the latest tariff litigation and why timing matters for billions in potential refunds.
In a recent interview on KXYL Radio in Brownwood–Coleman, Texas, Michelle Schulz, founder and managing partner of Schulz Trade Law, unpacked a rapidly developing legal battle over U.S. tariffs. With major retailers seeking to preserve their rights to refunds—and courts signaling potential skepticism toward the legality of sweeping tariffs—importers are facing both risk and opportunity.
Michelle broke down what the recent court rulings mean, why refunds may still be possible, and how companies should prepare now.
Why Companies Sued Over Tariffs—and Why the Court Said No
Michelle explained that a group of major importers recently filed suit in the U.S. Court of International Trade, asking for an injunction to stop U.S. Customs from finalizing tariff calculations—a process known as liquidation. Their goal was simple: preserve the ability to receive refunds quickly if the tariffs are later ruled unlawful.
The court denied that request. While companies can still pursue refunds, the ruling means Customs will continue finalizing duties, forcing importers into a longer, more complex refund process if the tariffs are overturned.
“Not even close—this would be massive compared to prior tariff actions, because it applies to virtually any product and almost any country.”
Supreme Court Review and the $130 Billion Question
According to Michelle, the stakes are enormous. A recent Department of Justice filing indicated that roughly $130 billion in tariffs has already been collected. If the Supreme Court of the United States ultimately finds the tariffs unlawful—as some legal observers expect—importers will need to file formal protests and refund requests after the fact.
That process can take months or even years. Michelle noted that while the lawsuits aimed to speed things up, their denial may actually slow the return of funds across the board.
“If the Supreme Court decides that these tariffs are unlawful, importers who have paid billions altogether in tariffs are going to have to go back through an entire process to protest and request refunds.”
What Importers Can Do Right Now
Despite the uncertainty, Michelle emphasized that businesses are not powerless. Her firm is actively reviewing how clients classify and value their imports—areas where technical errors can quietly cost companies millions. In one case, correcting valuation methodology alone resulted in substantial duty savings.
Whether or not the tariffs are struck down, careful compliance, proper valuation, and strategic planning can significantly reduce exposure and improve cash flow.
Tariff uncertainty isn’t just a policy issue—it’s a financial one.
If your company imports goods and is concerned about overpaid duties, delayed refunds, or compliance risk, now is the time to act. Schulz Trade Law helps importers prepare for refunds, reduce tariff exposure, and navigate complex trade regulations with confidence.
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