The Trump administration is appealing a Court of International Trade order requiring Customs and Border Patrol to refund tariffs a judge ruled illegal in February, arguing the judge overstepped by extending refunds to companies that never filed a lawsuit. The government's brief leans on the Supreme Court's June ruling limiting universal injunctions in the birthright citizenship case, insisting the same logic bars blanket tariff refunds. Judge Richard Eaton, overseeing the trade court cases, has said those limits don't apply here; the government disagrees and has taken the fight to the Federal Circuit.
CBP has already processed $100 billion in refunds, but companies whose tariff entries were finalized are barred by Congressional rule from getting an administrative refund and must sue individually within the statute of limitations instead. Law professor Barry Appleton says the government likely has the stronger legal argument but noted the practical toll falls on smaller businesses, since recovering money the Supreme Court says was never lawfully collected in the first place now depends on whether a company can afford to litigate.
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