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Some small businesses don't think a refund of tariffs is worth the effort.

Friends began texting him to congratulate him the day after the U.S. Supreme Court ruled against the tariffs which had cost Day?Owl, a backpack company owned by Ian Rosenberger, tens and thousands of dollars. He did not share their joy.

Rosenberger said, "I can't imagine any way that I could get the?money back." His Pittsburgh-based firm, which had only a few million dollars of sales, probably couldn't afford to pay for attorneys' fees. Around 2,000 companies have filed lawsuits for refunds at the U.S. Court of International Trade. This includes?FedEx?,?Costco?, and L'Oreal?, with many more likely to follow. The Supreme Court ruled February 20 that President Donald Trump had no authority to use emergency tariffs. Many businesses are now bracing themselves for a long fight to recover their money.

Many small business owners have come to the conclusion, however, that while the ruling may look good on paper, recovering tariff costs won't be an easy task - if they can even do it at all.

According to lawyers and business owners surveyed by, suing for refunds could divert time or money from running their businesses. The time spent by Wild Rye's CEO Cassie Abel on the team was enormous. "The number of conversations and analyses that we have done... has been massive," she said.

Small businesses paid one-third of tariffs. According to the U.S. Chamber of Commerce (USCC), 97% of U.S. Importers are small 'businesses. The tariffs that they paid will be a major headwind for 2025. Researchers at the Penn Wharton Budget Model of the University of Pennsylvania estimate that small businesses paid $55 billion of the $175 billion of tariffs to the U.S. Government.

Oliver Dunford, an lawyer at the public interest law firm Pacific Legal Foundation, who represented Princess Awesome, the lead plaintiff in the lawsuit against tariffs, said that some cash-strapped, small businesses will "just have to eat their losses." Legal considerations are an additional cost for smaller companies that have to deal with global uncertainty.

Even small businesses who can afford to litigate take a wait-and?see approach.

ECR4Kids makes learning and child-focused products such as toy boxes and cubbies. Its annual revenue is approximately $70 million. Lee Siegel, the founder and managing director of ECR4Kids, is delaying litigation for the time being, citing the lack of clarity in the court process and the uncertainty of the outcome.

"I'm waiting to see what happens in a couple of weeks," Siegel said, whose firm has paid around $2 million for the tariffs that were subsequently rescinded.

Siegel is looking to use refunds as a way to reduce the price of ECR4Kids’ unsold U.S. stock. A long and expensive court process may make them less valuable. He said that "the refund is important" but it would be more valuable if the process was completed sooner. This allows us to stabilise pricing.

"NOT DIFFICULT OR NOVEL"

Small business advocates claim the government already has the infrastructure in place to refund tariffs. "This is neither novel nor difficult," said Dan Anthony. He is the executive director of a coalition of small businesses called We Pay the Tariffs.

In a press conference following the ruling, Trump said that "we will end up in court for five years over refunds." George Tuttle, an international trade expert and lawyer, says that the government may end up keeping some of the money in dispute if claimants cannot afford to fight.

Eva St. Clair is the co-founder and CEO of Princess Awesome. She says that she hopes (the government) will refund us without further litigation, but hasn't completely ruled out taking legal action to recover $30,000 in tariffs.

The cost is the biggest obstacle. PLF's Dunford represented her company, which was able to survive tariffs by collecting $8,000 in virtual tips from customers. St. Clair stated, "I cannot imagine the cost of paying a lawyer." Banks and hedge funds buy refund claims for about 40 cents per dollar. This allows some businesses to recover a portion of the claim without having to go through the legal process. Others, however, refuse to sell on principle.

Michael O'Shaughnessy is the president of Element Electronics, a television supplier. His company has filed for a refund but he's not getting too excited. "Once the government has your money, it's gone forever."

After tariffs went into effect, Rosenberger reduced Day Owl's reach and fired the head of an important sales channel. He said that sacrificing a refund would save his business.

If I spend all my time with attorneys, I won't have time to sell backpacks.

(source: Reuters)