$166 Billion Tariff Refunds Underway After Court Rules Trump-Era Duties Unconstitutional

The US government has begun processing claims for more than $166 billion (£122.7 billion) in tariff refunds after the Supreme Court declared President Trump's import duties unconstitutional. Businesses started filing applications on Monday through a new portal run by US Customs and Border Protection. The development comes two months after the court ordered the repayments, marking a major reversal in the administration's trade policy.

The tariffs, imposed under the International Emergency Economic Powers Act, affected goods from countries worldwide and formed a key part of the president's economic strategy.

Court Ruling Overturns Trump Trade Strategy

In February the Supreme Court ruled by a six-to-three margin that Mr Trump lacked the authority to levy the duties using the 1977 emergency statute as highlighted in a Guardian article. Chief Justice John Roberts, writing for the majority and joined by two of the president's own appointees, stated that the law offered 'no such sweeping authority' to impose such taxes.

Fox Business reported that the decision prompted the Court of International Trade to issue an order in March directing the government to return the money with interest. Court documents show that more than 330,000 importers paid duties on over 53 million shipments, generating the $166 billion in revenue.

Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented from the ruling. Legal observers described it as a clear reassertion of congressional power over trade, a domain traditionally reserved for lawmakers rather than the executive branch.

Refund System Goes Live Amid Technical Hurdles

The newly launched claims system, known as CAPE or Consolidated Administration and Processing of Entries, is designed to process the bulk of refunds electronically in its initial phase, covering about 63 per cent of cases. Officials have indicated that eligible importers could receive payments within two to three months. Some applicants have already reported technical issues with the portal. A Instagram post from a leading news outlet described the launch as off to a rocky start, with business owners facing delays in accessing the system.

Another Instagram reel highlighted the scale of the refunds, noting that 'the US government has begun refunding up to $166 billion in tariffs charged under President Trump after the Supreme Court ruled the policy unconstitutional'.

For many smaller businesses, which absorbed much of the cost without passing it on fully, the refunds could provide vital cash flow and potentially reduce prices for consumers. Some analysts believe certain consumers might even have a claim to a share of the repayments through indirect channels.

Impact on Businesses and Future Policy

The refunds are expected to benefit a wide range of US companies, from large retailers such as Walmart and Target to specialist importers. Economists have suggested that some of the savings might trickle down to shoppers through lower retail prices, though the extent remains uncertain given the complexity of supply chains.

The episode has also sparked debate about the limits of presidential power in trade matters. While the administration has indicated it may explore other legal avenues for tariffs, the immediate focus is on administering the massive repayment programme.

As of 22 April 2026, the portal continues to accept claims, with the first payouts anticipated in the coming weeks. Preliminary reports suggest thousands of applications have already been submitted since the system opened.