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ARTICLE · 26 AUGUST 2026

Tariff Refunds: Additional Refund Claims On The Horizon?

Proskauer Rose LLP
Proskauer Rose LLP
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Proskauer Rose LLP

Proskauer Rose LLP

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The Supreme Court's decision in Learning Resources, Inc. v. Trump invalidated tariffs imposed under the International Emergency Economic Powers Act, creating potential refund opportunities for importers who paid duties under these programs. The administration has responded by replacing these tariffs with new ones under alternative statutory authorities like Section 301, raising questions about whether these replacement tariffs will withstand judicial scrutiny and what strategies importers should adopt movin

United StatesInternational Law

The Supreme Court’s decision in Learning Resources, Inc. v. Trump significantly reshaped the legal landscape for U.S. tariffs by holding that the International Emergency Economic Powers Act (“IEEPA”) does not authorize the President to impose tariffs. As a result, many of the tariffs imposed pursuant to IEEPA—including the broad “Liberation Day” reciprocal tariffs and certain country‑specific tariffs tied to the influx of illegal drugs and trade deficits—were invalidated. The decision was notable because it clarified that IEEPA is not itself a tariff statute.

The invalidation of the IEEPA tariffs has created the potential for significant refunds for tariffs that had already been paid. Importers that paid duties under the affected tariff programs may have claims to recover those amounts, potentially representing substantial cash recoveries for businesses with significant import volumes. While the procedural path for obtaining refunds continues to develop, many importers have begun

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