Gregory Husisian Weighs in on Impact, Next Steps in Wake of SCOTUS Tariff Ruling
Foley & Lardner LLP partner Gregory Husisian generated widespread media coverage discussing the SCOTUS ruling that President Donald Trump improperly used the International Emergency Powers Act (IEEPA) to impose tariffs.
In The Wall Street Journal article, “The $130 Billion Race for Companies to Get Their Tariff Money Back,” Husisian addressed the Court of International Trade (CIT)’s potential expedite relief for importers, stating, “It’s possible the CIT, as part of its remand, will set up some kind of court-overseen process.” He added, “It’s all about creating that extra mechanism to potentially get quicker relief.”
Husisian said in a second WSJ article that clients who once declined claims trading are now reconsidering, and for businesses seeking repayment, “there are several legal mechanisms by which companies could get refunds.”
He told USA Today businesses must continue paying IEEPA tariffs until U.S. Customs and Border Patrol issues a notice ending collection, which is unlikely before litigation concludes.
“The Supreme Court didn’t end the litigation, it specifically said, ‘I’m sending the litigation back to the CIT to act in accordance with our opinion,” Husisan explained. “It’s also possible that the CIT issues a blanket injunction ordering that all IEEPA tariffs be refunded, in which case they would automatically get those refunds.”
Expressing disappointment that the Supreme Court did not address refunds in Law360, he explained the CIT could use existing tools for processing refund claims, but said they “would work, but not work very well,” especially given the large number of affected entries.
Husisian said in Global Trade Review over 2,000 claims have been filed “and this is likely to sharply increase next week.” He said, “another area of concern is whether refunds can be issued for entries that have already liquidated, which normally means the duties are final, or for all entries.”
In The Guardian, Husisian cautioned that while the ruling marks a major shift for importers, the process for refunds remains unresolved and could involve further litigation. U.S. Customs and Border Protection is expected to retain previously collected tariffs until the CIT determines the path forward for refunds.
“There likely will only be a refund of the previously collected IEEPA tariffs when there is a final, unappealable ruling,” Husisian stated, outlining potential prolonged proceedings through appeals and oral arguments.
In Milwaukee Business Journal, he said about 1,800 companies have filed for refunds out of more than 300,000 importers who paid tariffs under IEEPA involving millions of shipments. In a second article, he noted the likelihood that importers could soon be subject to new tariffs enacted under different statutes. “There is a 100% chance the Trump administration is going to pivot to other trade authorities,” Husisian added.
On policy changes as the 150-day deadline for Section 122 tariffs approaches, he told Wired that while the Trump administration can reissue Section 122 tariffs, the limited duration makes this avenue “a bridge authority” and signals that new tariff strategies may be under preparation to achieve similar effects.
Appearing live on CNBC-TV18, Husisian observed the ongoing impact on international trade arrangements specifically as regards the United States-India trade deal.
“Anything he [President Trump] does on tariffs will be challenged and potentially go to the Supreme Court,” he continued. He added that more Section 232 sectoral tariffs are likely, especially where national security is cited, and Section 301 may be used to supplement or penalize countries without framework deals.
Husisian concluded, “there’s likely to be some stability with regard to the overall framework deal with India taking into account that there may be some targeted tariffs that go after specific types of products under section 232.”
Husisian’s commentary also appeared in MSN, Yahoo Finance, and Business of Fashion.
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