A judge from the US Court of International Trade has raised concerns regarding the Department of Justice's recent decision to appeal a significant tariff refund order. This appeal could jeopardize the reimbursement of $166 billion in duties that had already been declared unconstitutional by the Supreme Court.
In February 2026, the Supreme Court concluded that tariffs imposed by the Trump administration under the International Emergency Economic Powers Act were unconstitutional. In light of this ruling, Judge Eaton directed Customs and Border Protection to initiate universal refunds for the $166 billion in tariffs collected. This decision allowed not just the importers who filed lawsuits, but all affected importers to receive refunds.
The processing of initial refund claims began in May 2026, with expectations set for approvals within 60 to 90 days. However, the DOJ's appeal filed on May 29, 2026, is aimed at limiting refund eligibility to only those importers who contested the tariffs actively in court. This could significantly hinder the timeline and efficiency of the refund process.
On June 9, 2026, Judge Eaton has summoned CBP Commissioner Rodney S. Scott to discuss the delays caused by the DOJ's appeal and how it impacts the already established approval timeframe. This development presents a challenging scenario for both the importers waiting for their refunds and the officials responsible for administering these payments.