Today, in the case of Atmus Filtration, Inc. v. United States, Judge Richard K. Eaton of the US Court of International Trade ordered the Trump Administration to refund all tariffs illegally collected by the Trump Administration using the International Emergency Economic Powers Act of 1977 (IEEPA). On Monday, in V.O.S. Selections, Inc. v. Trump, the case I helped bring that led to the invalidation of the IEEPA tariffs by the Supreme Court, the US Court of Appeals for the Federal Circuit unanimously rejected the Trump Administration's efforts to delay lower-court proceedings on repayment. It is notable that all 11 judges of the en banc Federal Circuit agreed, including the four who voted against us on the merits when the Federal Circuit ruled on the case last year.
The federal government owes some $175 billion in tariff refunds to importers who paid them, and they repeatedly promised they would refund them money if they lost the case - a point which was crucial to their argument that appellate courts should stay the trial court injunction blocking further illegal tariff collection, while the litigation proceeded. Each month the government delays repayment costs taxpayers some $700 million in accumulated interest payments.
