BASF's senior management said the chemical group is examining whether its U.S. arm can seek refunds for import duties following a U.S. Supreme Court ruling that quashed many of the tariffs implemented during President Donald Trump's administration. The company has launched an internal assessment to determine whether a legal claim exists.
CEO Markus Kamieth framed the potential action as a fiduciary obligation. "If this change in regulations does indeed result in a legal title for BASF Corporation, we of course have a fiduciary duty to pursue this claim," he said at a press conference held after the release of quarterly results. He emphasized that the review is still in progress and that the outcome remains uncertain.
Finance Chief Dirk Elvermann underlined the operational context for the U.S. business, noting that the vast majority of products sold in the United States are manufactured there. According to Elvermann, that production footprint strongly constrains any direct exposure to import duties for the group.
The statements came as BASF disclosed quarterly results and discussed the implications of the U.S. judicial decision on tariffs. Management has not yet concluded whether the company has a legal entitlement to seek reimbursement; the internal review is ongoing and no determinations have been announced.
Key takeaways from the management comments include the company's readiness to pursue legal remedies if a legal entitlement is established, and the recognition that domestic production in the United States limits the group's direct vulnerability to import tariffs. Beyond those points, BASF conveyed that much remains unsettled while its internal legal and commercial review continues.
Summary
- BASF is assessing whether its U.S. subsidiary can claim reimbursement of import tariffs after a U.S. Supreme Court decision that quashed many of the tariffs from the prior administration.
- CEO Markus Kamieth said the company would pursue a claim if the review finds a legal entitlement, citing a fiduciary duty to act.
- CFO Dirk Elvermann noted that most U.S. sales are served by local production, which limits direct import-duty exposure.
Key points
- Legal review underway - outcome unclear while internal assessment continues.
- Potential litigation for tariff reimbursement if a legal entitlement is identified - management frames action as a fiduciary duty.
- Operational footprint in the U.S. mitigates direct exposure to import duties according to the CFO.
Risks and uncertainties
- Uncertain outcome of the internal legal assessment - it is unclear whether a legal title exists for reimbursement.
- Even if a claim is pursued, the scope and size of any recoverable amounts are not specified and could be limited by the company’s U.S. production footprint.
- Pending management determination means timing and likelihood of litigation remain uncertain.