Overcome tariffs: US business demanded refund for Trump duties
American companies may start to sue the authorities en masse to recover the national duties paid. Such a demand has already been made by the logistics company FedEx after the country's Supreme Court declared Donald Trump's tariffs illegal. However, the administration will try to delay the refund as much as possible, experts interviewed by Izvestia believe. Customs will confirm whether the business has actually suffered losses or shifted costs to consumers. Against this background, there were reports of the introduction of new mass duties. How this will affect the course of the trade war and whether Russia will benefit from the new measures is in the Izvestia article.
Why did businesses in the United States start filing lawsuits with the authorities
The American authorities are likely to get bogged down in the courts for a long time on the issue of reimbursement of trade duties, experts interviewed by Izvestia believe. The Supreme Court ruled that the nationwide tariffs imposed by Donald Trump were illegal, but did not specify whether the US administration should reimburse companies for these costs.
Usually, 180 days are given for the refund of overpaid customs duties on already closed declarations, explained Yuri Ichkitidze, analyst at Freedom Finance Global. This means that you can only refund the amounts that were transferred to the budget no later than six months ago. In our case, we are talking only about payments made after August 22.
In this case, the customs has the right to request additional documents confirming the right to return. When deciding on the reimbursement of tariffs, it will be important who actually incurred the costs, because companies often include the amount of the duty in the price of the goods. If, after paying the duty, the company increased the cost of products, then in fact the burden of these costs fell on the end user, the expert noted. In such a situation, the customs authority may doubt that it was the company that suffered losses and require proof that the duty was not fully transferred to the buyers.
At the same time, there have been no precedents for the return of national duties imposed by the authorities in America, said Yuri Ichkitidze.
The first decisions on compensation should be expected no earlier than the November congressional elections, says Mikhail Nikitin, head of International Business and Finance Practice, partner at 5D Consulting. It is not profitable for Democrats to give money to the coffers of the Republican administration, and for Republicans to set a precedent for mass payments.
On February 23, the FedEx logistics company filed a lawsuit in an American court and demanded the return of the paid trade duties, which President Trump began to introduce to implement protectionist policies. The reason was the decision of the U.S. Supreme Court on the illegality of nationwide tariffs.
According to the court's decision, the law does not give the head of state the authority to tax imports, this power belongs to Congress. At the same time, the decision did not affect industry tariffs on steel, aluminum, lumber, and automobiles.
In its statement, FedEx asked for a refund of the duties collected from the company's supplies, as well as interest. At the same time, the company did not name the amount of compensation.
Earlier, the US Chamber of Commerce (USCC, which represents business interests) and the National Retail Federation (NRF), which protects the rights of retailers, demanded a refund. The second organization called on the courts to "ensure an unhindered process" of returning money for tariffs to US importers. They explained that this would be an economic incentive that would allow enterprises to reinvest funds in their work, as well as in payments to employees and customers. Izvestia sent inquiries to the listed organizations.
Which companies can demand money from the American administration
— The refund of previously paid fees is a complex and bureaucratic process. The Supreme Court in its decision did not issue any instructions regarding this, so everything will depend on the actions of the Customs Service. It is obvious that it can slow down or even completely suspend this process," said Yuri Ichkitidze.
From March 2025 to January 2026, according to the US Treasury, about $277 billion in duties were collected in America, of which about 54% were declared illegal by the court, Yuri Ichkitidze recalled. Thus, the potential return is about $150 billion. The expert added: according to other estimates, it could reach up to $170 billion.
The FedEx lawsuit is the first call, but it was filed in the interests of the company's customers, and other logistics operators will surely follow, Mikhail Nikitin of 5D Consulting admitted.
According to Bloomberg, GM and Ford automobile corporations, as well as Caterpillar, a manufacturer of construction and mining equipment, will be able to receive compensation of about $6.9 billion together, said Yuri Ichkitidze. It was also reported that tire manufacturers Goodyear Tire & Rubber, clothing J. will seek refunds.Crew, the Alcoa metallurgical company. However, the amounts are still unknown. As Mikhail Nikitin noted, Crowell & Moring law firm already represents the interests of the Costco warehouse network and the cosmetics manufacturer Revlon.
How will Trump's new tariffs affect the trade war
Trump called the Supreme Court's decision to abolish tariffs a disgrace and promised to use a backup plan. Later, he set duties on goods from all countries at first at 10%, and then raised them to 15%. According to the White House, the measure comes into force on February 24 and will be valid for 150 days.
The tariffs that Trump introduced to replace the old ones are not so much an escalation as a forced maneuver, Mikhail Nikitin noted. If we take into account that in the spring the duties against some countries were over 50%, then the current 15% looks quite friendly, he noted. However, such a "softer" tariff would cost global suppliers an additional $160 billion per year, hitting Mexico, China and Canada the hardest.
At the same time, the new tariffs increase the risks of retaliatory measures from the European Union, China and India, said Kirill Seleznev, an expert on the Garda Capital stock market. For example, the UK authorities do not rule out the introduction of retaliatory tariffs against the United States. And China has called for the abolition of unilateral levies against trading partners.
Trump's duties on other countries are imposed with only one goal — to remain on the list of the world's leading economies, or better yet, to be the first economy taking into account the ongoing changes on the planet, said Ekaterina Novikova, associate professor of the Department of Economic Theory at Plekhanov Russian University of Economics.
— Moreover, the United States is trying to accumulate resource potential at the expense of other countries — this can be seen in the example of Greenland and cooperation with European countries. Of course, restrictions on trade due to the imposed duties create an imbalance of forces in the global economy: the strong strengthen their economic potential through the introduction of all kinds of tariffs, while others feel a lack of opportunities in such a confrontation," she explained.
There are at least five other provisions in the US code of laws that allow for the imposition of duties or an increase in their rates — for different reasons and for different periods, Kirill Kononov, an analyst at BCS World of Investments, recalled. For example, Washington may take measures against countries with "unfair" trade practices, as was the case with China. There is also a tool that the president has already used — it allows you to quickly raise duties to 15% for 150 days with a trade deficit. Future tariff increases will be more difficult for the American authorities to process, but they cannot be ruled out, the expert added.
The United States is already looking for ways to circumvent the Supreme Court's decision. According to the WSJ, potential new tariffs could affect large-scale batteries, cast iron and iron fittings, plastic pipes, industrial chemicals, as well as equipment for power grids and telecommunications. Similar measures can be taken with respect to semiconductors, pharmaceuticals, unmanned aerial vehicles, industrial robots, and polysilicon, which is used in solar panels.
How will the situation affect Russia
The new duties of 15% will affect the Russian Federation, as measures have been introduced against all countries. However, this will not affect us so much, since trade between Russia and the United States remains small — in 10 months of 2025, the trade turnover reached $4 billion, Mikhail Nikitin recalled. The United States continues to buy Russian raw materials — fertilizers, uranium, and rare earth metals. And in this sense, even the current turbulence is a chance to build a new, pragmatic dialogue with the world's largest economy, which would be short—sighted to abandon, the expert believes.
— If the sanctions are lifted, then Russia and the United States can be useful to each other — our country will be able to restore exports of oil and LNG to the United States, as well as metals and rocket engines, which the United States abandoned. In addition, Russian and American businesses could cooperate again, as before, in the development of resource deposits — rare earth metals, as well as establish cooperation in the field of technology, AI, and chip manufacturing," believes Natalia Milchakova, a leading analyst at Freedom Finance Global.
The introduction of tariffs against all countries will affect us indirectly — through the prices of raw materials and demand in third countries, Mikhail Nikitin noted.
Important American partners, India and China— are already diversifying their supplies and will continue to do so, and Russia's share in them may grow, Kirill Seleznev of Garda Capital believes. According to Natalia Milchakova, Beijing and New Delhi will continue to import Russian oil and are likely to maintain the same volumes. However, India is likely to make logistical adjustments by redistributing supplies through non-sanctioned intermediaries.
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