The Court of International Trade (CIT) is expected to launch proceedings in the coming weeks to determine how International Emergency Economic Powers Act (IEEPA) tariff refunds will be disbursed after the Supreme Court ruled that such tariffs were unlawful.

In an interview with France-based business publication Les Echos, Pillsbury partner Daniel Porter, of the International Trade practice, said that the big unknown is how the Trump administration intends to approach the process. If it agrees to cooperate and the CIT simply approves compromises negotiated between the steering committee and the government, the first refunds could be made by the end of the year. “The more the parties agree, the less the court needs to intervene,” Porter pointed out.

“The Trump administration has remained very discreet on this subject. For now, it seems they’re going to force everyone to go to court. But that could change,” he explains. In that case, public hearings could be held, and appeals could follow, further delaying the proceedings.

Another Supreme Court decision, issued last year, risks complicating matters for companies that haven't filed lawsuits over tariff refunds. “To put it simply, the court is no longer authorized to order a refund to someone who is not a plaintiff,” warns Porter.

Click here to read the full article (in French).