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Tax refund seekers flock to an unknown US court with experience in big cases

Importers are rushing to a U.S. trade court that is little known to get their share of the more than $130 billion of tariff refunds. The court must now decide how to handle what will be an explosion in cases. According to court records, multinationals like FedEx,?L'Oreal, and hundreds of smaller firms have filed around 2,050?lawsuits with the U.S. Court of International Trade, Manhattan, seeking refunds on?tariffs? imposed by President Donald Trump last year. These cases may be just the tip of the iceberg. The tariffs, which were declared illegal by the Supreme Court in February 2018, were levied against more than 300,000.

According to data from the court, this represents a significant increase compared to 2024 when there were only 252 new cases filed.

The Supreme Court didn't address refunds. That was left to the customs officials and eight active judges of the Trade Court, which usually handles disputes about anti-dumping measures, import classifications and everything from window shades and pig fat.

The Supreme Court cases that were brought by the toy company Learning Resources and spirits importer VOS Selections, as well as other importers are now at the trade court.

In a court filing dated February 24, lawyers for five plaintiffs said that their cases?should be used as test cases in order to determine the method of calculating and issuing refunds. Other cases will be put on hold in the interim. Some people don't want to wait.

The vast majority of companies who paid tariffs are smaller importers. They want to avoid the legal process, which could cost them thousands of dollars.

Customs and Border Protection is hoping to establish a simple and low-cost refund process, including a dedicated website for entering basic information in order to generate a reimbursement.

Lawyers for the CBP said that importers could be required to follow its administrative process, which includes filing protests. To complicate the process, refunds for tariffs that were paid in 2025 could be treated differently from tariffs that were paid more recently.

John Peterson is a trade attorney who has filed claims in the current wave tariff-refund cases. He calls it "the mega question." CBP has not responded to a comment request.

SIMILAR APPROACH The importers' attorneys reminded the Trade Court in their filing of February 24, that they have experience organizing thousands refund lawsuits.

After a U.S. Supreme Court ruling in 1998 that invalidated a tax collected by exporters over a period of 11 years, a wave of refund litigation akin to current claims for tariff reimbursements began.

The court's filing stated that "this court used a similar approach in relation to the challenges of the Harbor Maintenance Fee." Instead of overseeing?thousands cases simultaneously, this trade court paused lawsuits and established a steering panel of plaintiffs' attorneys who specialize in trade. They then oversaw one case which proceeded. The test case was used for litigating questions like interest on refunds, and deadlines for suing. The test case was used to determine the rules for all lawsuits.

In less than six months, after the Supreme Court had struck down the tax, the court approved the refund process. The court required that each claimant?sue separately and send a 'claim form' to CBP. The court could review the claim if the CBP and importer disagreed or if legal questions arose. In just over two-and-a half years after the Supreme Court's ruling that the harbor tax was invalid, $730 million had been paid to as many as 100,000 claimants.

The legal team of VOS Selections, as well as the four other plaintiffs involved in the current lawsuit, asked the trade court to follow this model. They wanted their cases to be heard to create a refund system that would apply to all. The harbor-tax litigation is a good framework but nothing can compare to the sheer volume of tariff payments which need to be unwound. According to a court filing, as of December 10, illegal tariffs had been collected on approximately 34 million shipments.

Daniel Pickard is a trade lawyer who hasn't filed any tariff-refund claims. You've got think there will be more litigation until this is over. (Reporting from Tom Hals, Wilmington, Delaware; and David Thomas, Chicago; Additional reporting, Mike Scarcella, Editing, Noeleen Walder Amy Stevens, Ethan Smith

(source: Reuters)