Gregory Husisian Addresses Refund Timelines, Litigation Trends, and Tariff-Related Business Costs
Foley & Lardner LLP partner Gregory Husisian shared insights on the recent surge in tariff refund litigation, the ongoing uncertainty surrounding timelines, and how companies are navigating the financial impact of tariff repayments across the media.
In Bloomberg Law’s article, Husisian explained the recent uptick in tariff refund litigation, noting that “as it became apparent that there was an advantage to being a litigant if you had finally liquidated entries, people started filing.”
However, he cautioned that “even if you assume the U.S. government will lose, it could take a year” to resolve the ongoing legal dispute. As a result, Husisian said, some companies opted to pursue refunds sooner rather than wait, helping fuel the current “mini-surge” in refund cases.
He observed that importers have been pursuing tariff refund lawsuits since last winter, with many cases filed before and after the Supreme Court’s decision overturning the emergency powers tariffs, when “everyone didn’t know what was going on.”
Talking to the Milwaukee Business Journal, Husisian highlighted that many businesses still face ongoing tariff costs. He said, “A lot of people are saying they need it because they have to pay tariffs in future. The high tariff environment isn’t going away.”
Husisian also added that some companies that imposed tariff surcharges during the IEEPA tariff period are now returning those funds to customers, either through direct rebates or alternative arrangements such as favorable long-term pricing. “Customers hold a strong position to demand rebates for those surcharges,” he said.
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