Tariff Refund Could Pose ‘Administrative Problem’ for White House

But if the justices decide against the Trump administration, a ruling requiring repayment of the duties would be a major challenge, the president’s top economic adviser said in an interview Sunday (Dec. 21) with CBS News.

“We really expect the Supreme Court is going to find with us,” Kevin Hassett, director of the National Economic Council, told the network’s “Face the Nation.”

But if the high court rules against the administration, it would be “pretty unlikely that they’re going to call for widespread refunds because it would be an administrative problem to get those refunds out there,” Hassett added.

The Supreme Court is considering a challenge to the tariffs, filed by a dozen states, a wine importer and an educational toy manufacturer. Hundreds of small businesses separately joined amicus filings that call the administration’s actions unlawful, arguing that the tariffs have forced them to raise prices and cut staffing.

President Donald Trump has claimed he has the authority to institute tariffs under the 1977 International Emergency Economic Powers Act (IEEPA), which grants gives executive authority to “regulate” the “importation” of goods from foreign powers or individuals in response to an “unusual and extraordinary threat” to national security, foreign policy or the economy.

As covered here last month, justices both liberal and conservatives displayed skepticism about the administration’s rationale behind the levies.

If the court were to require refunds, “The people who actually paid for the good, the importer, in most cases, they’re the ones who would be the first line of defense for refunding the tariff,” Hassett said. “But I really, really don’t think that’s going to happen, it’d be very complicated.”

In related news, PYMNTS wrote last week about tariffs’ evolution from a temporary policy shift to “a structural force shaping how America’s middle-market CFOs rethink investment, budgeting and growth plans for 2026.”

The PYMNTS Intelligence report “Revising the Roadmap: How Tariffs Are Transforming CFOs’ Strategic Planning” explores how 60 CFOs are reworking strategies as trade policy uncertainty collides with slowing demand and operational strain.

The report finds that middle-market firms are divided into two clear camps. Goods firms are scaling back investment and reassessing supply chains. Services firms are progressing with technology and talent upgrades. This divergence is transforming the way companies allocate capital and gauge risk. 

“Nearly 3 in 4 CFOs have changed their investment strategy this year,” PYMNTS wrote.” Goods firms are 46% more likely than services firms to adopt a cautious stance. Thirty-four percent of firms facing considerable tariff impact have canceled planned investments.”