Photo: The Guardian
A federal appeals court delivered a major setback to former President Donald Trump’s trade policies last Friday, ruling that many tariffs imposed under his administration were illegal. The decision has thrown into question billions of dollars in trade duties collected by the U.S. government and could potentially require refunds to affected businesses. At the same time, ongoing uncertainty continues to cloud supply chain and shipping operations.
Despite the court ruling, logistics and shipping experts say day-to-day operations remain largely unchanged while a stay is in place until October 14. Many companies are holding off on strategic changes as they await a possible appeal to the U.S. Supreme Court.
“Right now, we haven’t seen any operational changes,” said Paul Brashier, Vice President of Global Supply Chain for ITS Logistics. “Most shippers are awaiting the Supreme Court’s decision. Frontloading earlier this year has minimized immediate impacts.”
The appeals court ruling primarily challenges tariffs imposed under the 1977 International Emergency Economic Powers Act (IEEPA), which the Trump administration used to justify broad duties on imports from over 90 countries. Treasury Secretary Scott Bessent indicated the administration is confident the Supreme Court may uphold the IEEPA-based tariffs, but contingency plans are in place if the ruling does not.
The tariffs affected a wide range of sectors, including pharmaceuticals, steel, aluminum, lumber, furniture, aerospace, trucks, seafood, and critical minerals. For many companies, the duties account for the bulk of monthly tariff payments, estimated at $30 billion per month.
If the Supreme Court upholds the appeals court ruling, it is unclear whether refunds would apply retroactively or only prevent future tariffs. Customs brokers and importers may face increased workload if manual filings are required to reclaim duties.
“Automated refunds are straightforward for blanket cases, but if individual requests are required, it could become extremely complex,” said Dan Anthony, President of Trade Partnership Worldwide. “The burden will largely fall on importers rather than the government.”
Shippers have 314 days from the processing date to file tariff appeals, and frontloaded shipments earlier this year mean most companies have until end of December to act.
The United States has collected $142 billion in tariff revenue so far this fiscal year. A need to refund duties would impact federal revenue and could add to the national deficit. While the ruling introduces uncertainty, experts emphasize that trade deals and negotiations with other nations remain largely intact, as most frameworks are non-binding and flexible.
“More extreme fears about the impact of court decisions are overblown,” said Felicia Pullam, former executive director at U.S. Customs and Border Protection. “Refunds may take time, but it won’t sink the economy.”
For now, importers and shippers are maintaining cautious strategies, keeping forward orders under close review while preparing for potential adjustments in tariffs.
“Tariff volatility has become the new normal,” said Mike Short, President of Global Forwarding at C.H. Robinson. “Companies need to plan for ongoing Section 232 investigations and new tariffs that could be implemented on short notice. The uncertainty isn’t going away.”
Analysts caution that businesses should not rely on courts to eliminate tariffs entirely and must continue adapting to a trade landscape marked by rapid changes in policy, legal challenges, and global negotiations.