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ARTICLE · 21 NOVEMBER 2025

Act NOW To Preserve Potential Tariff Refunds

Tariff policy is changing overnight, and all indicators signal that the Trump Administration will continue to impose tariffs to achieve its trade agenda.

United StatesInternational Law

Tariff policy is changing overnight, and all indicators signal that the Trump Administration will continue to impose tariffs to achieve its trade agenda. There are several lawsuits pending that may eventually invalidate some of the Administration's tariffs. However, importers should not sit around and wait for the dust to settle. Importers must act NOW and take proactive measures to protect their ability to seek refunds if tariffs are ultimately found to be unlawful.

IEEPA Tariffs at the Supreme Court

TheSupreme Court(SCOTUS) heard oral arguments inLearning Resources, Inc. v. Trumpon November 5, 2025. The case challenges whether the President has the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Administration relied heavily on IEEPA to impose new tariffs – including fentanyl tariffs on China, Canada, and Mexico, and global reciprocal tariffs. Many trade lawyers are predicting that the Court will rule in favor

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