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Scotus Strikes US Tariffs Implemented Under Ieepa

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tdziemia's Avatar
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7940 Posts
 Posted 02/22/2026  1:44 pm  Show Profile   Bookmark this reply Add tdziemia to your friends list Get a Link to this Reply

Quote:
Hypo: As CEO of GenCorp, I adapted to the new regulatory environment with a combination of passing on increased costs to customers, gaining concessions from my suppliers, and efficiency/cost savings measures in-house, including a 5% reduction in staff. If I file suit for recompense, how would my company's recovery be calculated?


You would only be eligible for recovering the tariffs you paid to Uncle Sam. Full stop.
If it was your suppliers who paid the tariffs, you get nothing.
That's how it could work easily, even if it's not completely fair.
Edited by tdziemia
02/22/2026 2:10 pm
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tdziemia's Avatar
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 Posted 02/22/2026  2:04 pm  Show Profile   Bookmark this reply Add tdziemia to your friends list Get a Link to this Reply

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...the process through the Court of International Trade will have to play out.


I'm not sure I see what this has to do with the Court of International Trade.
The illegal tariffs were paid by U.S. businesses, and American consumers like me who purchased something from abroad with no middleman. They (we) are the ones clearly owed monies that were taken from them illegally by the Trump administration.

I understand yours and Samoth's points about "second order effects" that resulted from business decisions after the tariffs were paid. But I don't see anything being done because of the complexity pointed out by Samoth.
Reimbursing the tariffs should be simple. It was a tax paid by someone to the Federal government, just like your income tax. There are records for every single payer to the dollar and cent.
Give it back. What could be easier? The IRS gives back over 100,000,000 tax refunds every single year. Clearly it can be done, and should be done. There is no valid excuse not to. It was illegal, and the federal government has a process to give back overpaid taxes
Just give it back.
Edited by tdziemia
02/22/2026 2:08 pm
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Freespeech57's Avatar
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 Posted 02/22/2026  2:44 pm  Show Profile   Bookmark this reply Add Freespeech57 to your friends list Get a Link to this Reply
Tdziemia, 100%. However, this would require a desire by the Administration and Congress to want to do the right and lawful thing. The Administration was warned about this being illegal and Congress could have stepped in to do something about it, but alas it was "allowed" to happen. The result is that unless The Administration and or Congress create a mechanism to return the illegal taxation, it will be drawn out in litigation and the biggest will get their's first.
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jbuck's Avatar
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 Posted 02/23/2026  09:33 am  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

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You would only be eligible for recovering the tariffs you paid to Uncle Sam. Full stop.
Exactly. If the tariff cost was passed to you via fees, higher prices, etc. then you get to go pound sand.
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