Government fights trade judge’s order for tariff refunds to all importers
- Government lawyers argue that a Court of International Trade judge overstepped his authority by ordering refunds for all companies that paid illegal tariffs.
- The government has filed an appeal with the U.S. Court of Appeals for the Federal Circuit regarding this order.
- The majority of tariff refunds have already been processed, with $100 billion certified by Customs and Border Patrol.
- Companies that paid tariffs can file lawsuits to reclaim their money, as the administrative refund process is no longer available for some.
- Legal experts suggest that the government's legal argument may be stronger, but smaller businesses could face challenges in pursuing refunds.
Government lawyers have stated that a judge from the Court of International Trade exceeded his authority by mandating that U.S. Customs and Border Patrol issue refunds to all companies that paid tariffs deemed illegal. This includes companies that did not file lawsuits in trade court.
The government filed an appeal in June with the U.S. Court of Appeals for the Federal Circuit and submitted its opening brief on Monday. In the brief, government lawyers referenced a Supreme Court case that limited the use of universal injunctions, which typically apply to all affected parties.
Most of the tariff refunds have already been distributed, with Customs and Border Patrol processing and certifying $100 billion in refunds. Companies that have paid tariffs are allowed to file lawsuits to recover their funds, as the administrative refund process is no longer available for certain tariffs.
Legal experts suggest that while the government may have a stronger legal argument, smaller businesses could struggle to pursue refunds due to the complexities involved in litigation.
政府对贸易法官要求向所有进口商退款的命令提出抗辩
政府律师表示，国际贸易法院的一名法官超越了权力，要求美国海关和边境保护局向所有支付被认为非法的关税的公司退款。这包括未在贸易法庭提起诉讼的公司。
政府在6月向美国联邦巡回上诉法院提出了上诉，并于周一提交了开案摘要。在摘要中，政府律师提到了一起限制普遍禁令使用的最高法院案件，普遍禁令通常适用于所有受影响方。
大部分关税退款已经分发，海关和边境保护局已处理并认证了1000亿美元的退款。已支付关税的公司可以提起诉讼以追回资金，因为某些关税的行政退款程序已不再可用。
法律专家表示，虽然政府可能有更强的法律论点，但小型企业在追索退款时可能会因诉讼的复杂性而面临困难。