Writing for the New York Law Journal, read the latest article on tariff refund litigation from partner Donald W. Hawthorne.
The short answer is: yes. If your company paid tariff-related price increases to an importer, and that counterparty has now received a refund of the underlying IEEPA duties, your company may have a basis to seek a credit, negotiated allocation, or legal recovery. The strongest cases involve separately stated tariff charges, but they are not the only cases worth pursuing.