New Delhi: Treasury Secretary Scott Bessent said Sunday that the U.S. may be forced to return tens of billions of dollars in tariffs imposed since the start of President Donald Trump’s second term if the Supreme Court rules them unlawful.
“We would have to give a refund on about half the tariffs, which would be terrible for the Treasury,” Bessent told Kristen Welker during an interview on NBC’s Meet the Press. When asked if the administration was ready to issue those repayments, he responded, “If the court says it, we’d have to do it,” while expressing confidence that Trump would prevail in the case.
His comments come after two lower court rulings found Trump lacked the legal authority to levy tariffs on nearly every country under the International Emergency Economic Powers Act, a law dating back to the 1970s. The administration has petitioned the Supreme Court to hear the case in early November.
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Last month, the U.S. Court of Appeals for the Federal Circuit ruled the tariffs illegal but delayed its decision from taking effect until October 14, allowing the duties to remain in place during the appeal.
Since Trump imposed the tariffs under emergency powers, U.S. Customs and Border Protection has collected more than USD 70 billion in revenue from these country-specific measures, under half of the USD 180 billion brought in through August this year.
Trade specialists warn that forcing refunds would be enormously complicated, sparking legal battles as businesses seek reimbursement. They also note that courts would have broad discretion in deciding if and how repayments should occur.
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