The US Supreme Court deemed Donald Trump’s sweeping global tariffs illegal, leading to a court order instructing US Customs to create a refund portal (CAPE).
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- President Trump said he will “remember” companies that don’t apply for refunds from his illegal tariffs, calling those who do seek refunds “the enemy”.
- The Supreme Court deemed Trump’s sweeping global tariffs illegal, leading to a court order requiring US Customs to create a refund portal (CAPE).
- A judge issued a temporary stay requiring progress reports, and the Trump administration has until June 7 to appeal the refund ruling.
US President Donald Trump said on Tuesday he will “remember” companies that do not seek refunds for tariffs paid that were deemed illegal by the Supreme Court, implying they would somehow benefit by abstaining from the US government’s new refund portal.
On the second day that the US Customs and Border Protection agency began accepting electronic refund applications, Trump told CNBC that he was pleased to hear about media reports that Apple, Amazon and some other large companies have not yet sought refunds.
“It’s brilliant if they don’t do that,” Trump said in a phone conversation with CNBC anchors that was aired live.
“If they don’t do that, I’ll remember them. I will tell you that, because I’m looking to make this country strong,” the Republican president said.
Trump, who has characterised the payment of tariffs by US importers as a patriotic act, on Tuesday appeared to characterise American companies that are pursuing refunds as the “enemy.”
Trump said, apparently referring to those companies:
In many cases, the enemy – the enemy – is getting this money.
“The people that have hated the United States, we’re giving them checks for billions of dollars. It’s so sad to see,” Trump added, without naming any specific companies or countries of origin for the imported products.
Trump said the Supreme Court “could have helped us” by upholding the sweeping global tariffs he imposed last year under a 1977 law meant for use in national emergencies. Trump denounced the court after its February ruling that he had exceeded his powers. The ruling by the justices led to a decision by Judge Richard Eaton of the New York-based US Court of International Trade that the CBP create a system to process up to $166 billion in refunds. The system, called CAPE, was launched on Monday, mostly without serious glitches. Eaton on Tuesday issued a temporary stay, ordering CBP to submit a progress report on the first phase of its refund processing system by 28 April.
It was not immediately clear what impact the stay would have on the processing of refunds. Payments were not expected to be issued until 60 to 90 days after CBP acceptance of refund submissions.
Matthew Seligman, a founding partner of Grayhawk Law who is advising companies on tariff litigation and refund strategies, said he does not think the stay will change processing by CBP and that it may be related to a change in the case’s lead plaintiff.
READ | US opens tariff refunds portal after court struck down Trump duties
“It’s an acknowledgment that CAPE launched yesterday,” Seligman said.
CBP did not immediately respond to a request for comment on the status of the refund processing.
Eaton also has given the Trump administration a 7 June deadline to appeal his ruling requiring refunds.
Damon Pike, a customs expert at the firm BDO USA, said that if an appeal by the administration moves forward, companies may be required to file individual lawsuits to claim their refunds, which would slow the process down.
“The Justice Department wants to make this as hard as possible,” Pike said, adding that an appeal would likely stop the processing of refunds.
