* Supreme Court struck down tariffs, no refund guidance
provided
* New 10% tariffs imposed by Trump face legal challenges
* Fedex ( FDX ), Costco sued by customers to pass along refunds
(Adds details from court filing in paragraphs two, three and
eight and background throughout)
By Tom Hals
March 12 (Reuters) - The U.S. government's work to build
a four-part system to refund $166 billion in illegal tariff
collections with interest is between 40% and 80% complete,
according to a court filing on Thursday.
Brandon Lord, an official with U.S. Customs and Border
Protection, said in a court filing the agency is developing an
online claim portal for importers and brokers to submit refund
requests.
Once submitted, the claims will go through processing,
review and refunding, according to the filing. Lord said in a
filing last week the system could be operating as soon as
mid-April.
Lord's filing at the U.S. Court of International Trade was made
to comply with an order issued last week by Judge Richard Eaton
as part of his directive to refund tariff payments.
Most U.S. tariffs were struck down by the Supreme Court in
February, dealing a blow to President Donald Trump's central
economic policy. However, the Supreme Court did not provide
guidance on refunding the tariff payments that had been
collected from importers since February 2024.
Many large importers such as FedEx ( FDX ) sued CBP to
protect their right to a refund, which Trump said could take up
to five years. Many smaller importers feared the cost of the
refund process would outweigh the benefits of trying to get
reimbursed.
Eaton last week ordered CBP to begin processing refunds
using its existing system, but the agency instead proposed a new
process that would be ready to accept refund applications as
soon as next month and would not require importers to sue.
Lord said in Thursday's filing the least developed part of
the system was the mass processing portion, which was 40%
complete, while the most developed portion was the review
portion, which was 80% complete.
CBP did not say how quickly refunds would be paid. More than
330,000 importers paid the tariffs on 53 million shipments and
only around 21,000 were registered with its system to receive a
refund, according to a court filing last week.
Refunds will only be issued to importers who paid them.
Consumer groups and lawmakers have urged companies to pass along
the refunds to consumers, although there is no obligation to do
so.
FedEx ( FDX ) and Costco have been sued by customers for
refunds and FedEx ( FDX ) has said it will reimburse customers, while
Costco said it will use the refunds to lower prices.
After the Supreme Court struck down the tariffs, Trump
ordered new 10% tariffs under a decades-old authority meant to
address a balance-of-payments emergency.
States and private businesses have sued to challenge those
tariffs, which they argue were also illegally imposed.
In addition, the Trump administration has started
investigating unfair trade practices of major trading partners,
a step toward imposing tariffs under a law that has withstood
legal challenges.