DUSSELDORF/LONDON/MILAN, March 6 - Since the U.S. Supreme Court struck down aspects of former President Donald Trump’s tariff program, companies across Europe have been scrambling to determine whether they can recover duties and how best to handle goods already imported into the United States.
Executives at a dozen firms spanning sectors from electronics manufacturing to consumer packaged goods described a flurry of conversations with U.S. customers and legal advisers, as well as efforts to use an administrative reversal mechanism to adjust import paperwork. Those discussions underscore how businesses are trying to respond to fast-moving changes in U.S. trade policy during a prolonged dispute that began under the prior administration.
The high court’s February decision invalidated a set of tariffs dubbed "liberation day" tariffs. In response, the White House moved to impose a new, across-the-board 10% tariff on certain imports, with the possibility of raising it to 15%. The rapid sequence of rulings and presidential actions has left firms uncertain about which rates ultimately apply to shipments they already brought into the U.S. and about the practical pathway to recoup payments.
"The Supreme Court ruling has said one thing... The White House is saying something else," Simon Hunt, chief executive of Italian drinks company Campari, told reporters, noting that U.S. customs authorities and trade courts were also sending mixed signals. "If there’s an opportunity to recover (tariff payments), then clearly, like every other company, we’ll look at it. But at this stage, we’re just going to wait and see."
More than $130 billion in tariff payments were collected by the U.S. government under the program now judged illegal. The Supreme Court’s judgment did not provide a roadmap for refunds, leaving importers uncertain about how and when the money will be returned. This procedural vacuum has prompted a scheduled meeting between the U.S. Court of International Trade and government attorneys to try to design a reimbursement process. Government counsel have indicated that a repayment system would likely require manual reviews of tens of millions of individual payments.
Amid that uncertainty, some importers are examining administrative remedies that could generate refunds more directly than court actions. One such mechanism is the post-summary correction (PSC) process, which allows importers to amend declaration data for certain entries within a specified window after goods enter the United States.
ebm-papst, the German maker of electric fans, said its U.S. unit is evaluating legal options including PSCs. The company’s U.S. business is considering whether correcting import entries could reduce the tariff classification or rate and potentially trigger automatic refunds. Consultants note that PSCs are available for some shipments for up to about 300 days after entry, though the details of applicability depend on whether the import entries are considered "unliquidated."
An ebm-papst spokesperson said the option is being used "where legally permissible and appropriate." The firm, which reports sales of more than 2 billion euros and employs roughly 13,500 people, told contacts in the United States that its tariff exposure was in the "double-digit" millions of euros. Those discussions illustrate another wrinkle: only the importer of record - the legal entity declared on the customs entry - can formally claim a refund. Where a supplier or distributor has borne duty costs under contractual arrangements, the party that actually paid may have to pursue reimbursement from the importer of record, potentially leading to commercial disputes.
"There are still no binding guidelines from U.S. authorities and many details remain unclear. This includes, for example, whether the mutually agreed EU-U.S. agreement is still valid," the ebm-papst spokesperson added. "The tariff damage is considerable."
Customs advisors say that in practice some importers are "changing paperwork" to take advantage of the PSC process before the U.S. customs agency has finalized duty assessments. Nicolas Urien, head of global trade advisory at the Customs Support Group consultancy, explained that PSCs may be applied to unliquidated entries - those where duties have been paid but the assessment has not been finalized - to remove tariffs that no longer have legal force. "Some companies have already initiated this process," Urien said.
That route could be quicker and less costly than litigation for many firms, particularly smaller businesses that are deterred by legal fees. Still, industry sources cautioned that not all attempts to obtain refunds have succeeded. In some cases, requests appear to be getting rejected, and at least one U.S. trade court judge has ordered the government to begin issuing refunds as litigation progresses.
Executives at smaller European alcohol firms say they are consulting industry groups, customs brokers and lawyers about the best approach. Some are prepared to pursue lawsuits, while others are holding off in the hope that U.S. authorities will provide clearer guidance on the mechanics and eligibility for refunds. One U.S.-based executive at a small European alcohol company described any unexpected refund as akin to "finding loose change down the back of the sofa" - a welcome but uncertain windfall.
In the meantime, legal teams and supply-chain managers across sectors tied to imports - including consumer goods, electronics and industrial equipment - are monitoring developments closely and preparing contingency plans. The dual reality of a court invalidation and a new blanket tariff has created a narrow window where administrative fixes could alter assessed duties for a significant volume of past imports, but the ultimate scale and timing of any repayments remain unresolved.