Beer Marketer's Insights - With Imminent Sup Ct Ruling on Trump's Tariffs, Heineken USA Joins Slew of Cos Seeking to Recoup Costs

After all the back and forth on tariffs, could it really wind up with a refund? As the Supreme Court gets set to rule on the legality of President Trump's tariffs under the International Emergency Economic Powers Act (IEEPA), Heineken USA filed suit in the US Court of International Trade over the weekend, joining over a thousand companies reportedly seeking to challenge the tariffs and recover their costs. The suit doesn't detail how much HUSA specifically has paid, but the Customs and Border Protection Agency tallied a total of $133.5 bil in this category of tariff thru Dec 14. While the Supreme Court isn't required to rule until the end of its term this Jun, it's widely expected to do so before then. And despite the court's 6-3 conservative majority, there's a real possibility it could strike down those tariffs as unconstitutional. Still, the Trump Admin has vowed to reproduce similar levies via alternate methods even if that happens, and whether/how cos would recoup costs remains an open question. (Editor's Note: aluminum, steel and other tariffs were imposed separately from IEEPA as national security provisions under Section 232, but could still be impacted by the Sup Ct's ruling.)As HUSA's suit outlines, the US Court of International Trade already determined the imposition of tariffs was not authorized by IEEPA, adding that such an authorization would be unconstitutional. That decision was appealed but upheld in part by the US Court of Appeals for the Federal Circuit. And the decision is now pending before the Sup Ct.Seeking "Full Refund" of All IEEPA Tariffs In the meantime, the tariffs in question continue to apply to merchandise imported into the US, including Heineken's products. So it seeks: 1) a declaration that the IEEPA tariffs are unlawful; 2) an injunction preventing the imposition of further IEEPA tariffs; and 3) an order "requiring the full refund of all IEEPA tariffs" the co's paid to the US "as of the date of such order, with interest." It also seeks to recoup reasonable costs including attorneys' fees and "such further and additional relief as this Court deems proper."

With Imminent Sup Ct Ruling on Trump's Tariffs, Heineken USA Joins Slew of Cos Seeking to Recoup Costs

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