In a recent Forbes article, Thompson Coburn International Trade partner Robert Shapiro explored the possible consequences if the Supreme Court rules against the Trump-era tariffs.
"If the tariffs are overturned and determined to be unconstitutional or otherwise illegal, then I think that the money has to be refunded, because the government didn't have a right to collect it," said Robert. The "mechanism" for refunding the tariffs is "pretty hard to predict right now."
Beyond importers, consumers might also seek compensation. Robert suggested that customers could pursue class action lawsuits or other legal avenues against companies that raised prices due to the tariffs. The argument would be that if the tariffs are deemed unlawful and companies are reimbursed, consumers should also be entitled to recover the extra costs they paid.
"I think that some of those announcements" that companies made about the tariffs "certainly would give customers at least a colorable argument for recovering part of those additional costs," he said.
Read the full article here.