US tariff lawsuits returned to trade court to determine next steps

A U.S. appeals court on Monday returned the lawsuits that led to most of President Donald Trump's tariffs being struck down to the U.S. Court of International Trade, which could determine the process for refunding more than $130 billion to importers.

The U.S. Court of Appeals for the Federal Circuit issued a one-page order granting the motion by importers to send the case back to the trade court, where it originated in early 2025. The motion was opposed by the Trump administration, which said it wanted the case delayed for up to four months to give it time to consider its options.

The Supreme Court struck down tariffs on February 20 that Trump imposed under an economic emergency law. More than 300,000 importers paid those tariffs, but the Supreme Court did not provide any guidance on how the government should refund that money, and Trump said the process could lead to five years of litigation.

Around 2,000 importers have sued for refunds, many of them large multinational companies like FedEx. Smaller importers are hoping customs officials will adopt a simple and low-cost process for obtaining refunds.

The importers have already asked the trade court, once the case is back in its jurisdiction, to order the government to begin taking steps to create a refund process.