The president of the Estados Unidos, Donald Trump, stated that the legal disputes involving the refunds of customs duties declared unconstitutional by the The statement was made during a press conference held in Washington, a few hours after the trial that considered the illegal measures for abuse of Lei of Poderes Econômicos of Emergência Internacional. Importadores have already started moves to recover amounts paid since 2025, but the scenario points to lengthy and complex processes in federal courts.
Suprema Corte voted 6-3 against enforcing the broad tariffs imposed by Executivo based on national emergency legislation. The ruling determined that the authority used was not intended for general commercial policy and returned the case to Tribunal of Comércio Internacional for consideration of refunds. The text of the decision did not establish deadlines or automatic procedures for returning the funds collected.
Trump openly criticized the result and highlighted that the omission of clear rules on refunds in the majority vote favors the prolongation of litigation. Ele reinforced that the federal government intends to vigorously contest the claims in all possible instances.
Legal disputes are expected to drag on for years
Importing companies have already filed hundreds of lawsuits seeking the return of amounts paid to customs. Estimativas of sector analysts indicate that the total amount raised from these tariffs exceeds US$ 150 billion since the measure began in 2025.
The refund mechanism requires documentary proof of each payment made. Especialistas in commercial law warn that the absence of a specific fund or simplified procedure can extend trials for several years.
- Importers must present receipts and detailed import declarations
- Each case will be analyzed individually by Tribunal of Comércio Internacional
- Appeals could elevate litigation to higher federal courts
- Government may require proof of the economic impact of returns
Immediate effects on the import chain
The decision of Suprema Corte immediately suspended the collection of the questioned fees. Importadores began to unload goods without the corresponding tariff increase, which reduces operational costs in sectors such as electronics, clothing and auto parts.
The government maintains other tariffs established through different legal instruments in force. Trump announced the intention to implement a global tariff of 10% based on other legislation, with an initial validity of 150 days.
Large retailers and automakers enter the fray
Companies such as Costco, Walmart, Toyota and Ford have already signaled active participation in the refund processes. Essas companies have accumulated significant payments and expect to recover significant portions of the amounts disbursed in recent months.
The volume of shares filed in Tribunal of Comércio Internacional grew rapidly after the ruling was released. Advogados experts estimate that the number of cases could exceed 2 thousand in the coming months.
Government prepares new tariff tools
The federal administration is studying legal alternatives to replace invalidated tariffs. Investigações based on Seção 301 of commercial legislation must be accelerated to justify new measures against commercial practices considered unfair.
These changes require time to prepare and implement. Analistas note that the interval could be several months before new tariffs fully come into effect.
Uncertainty persists in foreign trade
Importers celebrate the immediate cost reduction, but remain attentive to legal developments. The possibility of partial or conditional refunds maintains a business environment with a high degree of unpredictability.
Companies review supply chains and contracts to take advantage of the new tariff reality. Constant monitoring of court decisions is essential to protect property rights.
