“Tariff turmoil: Refunds, lawsuits and new duties ahead”

Joanne Zimolzak, John F. Rhoades, and Tina T. Toma were quoted in the FreightWaves article “Tariff turmoil: Refunds, lawsuits and new duties ahead.” The article explains that a recent U.S. Supreme Court ruling invalidating tariffs imposed under the International Emergency Economic Powers Act (IEEPA) has triggered widespread refund litigation and forced companies to reassess their tariff strategies. Recovering these duties will be complex, with eligibility depending on factors like liquidation status and strict filing deadlines, meaning some companies may need to take legal action to preserve their claims. Despite the ruling, tariffs are expected to continue under other legal authorities, keeping trade policy uncertain.

The Dykema attorneys highlight key takeaways: Toma emphasizes that the Court found the tariffs unlawful because they lacked clear congressional authorization; Rhoades points to the massive scale and likely long timeline of the refund process; and Zimolzak stresses that companies must act quickly to track deadlines and protect their rights. Together, they underscore the need for proactive planning as tariff uncertainty persists.