Texas Businesses Face Lengthy Wait for Tariff Refunds, If Any

Supreme Court and trade court rulings found Trump's emergency tariffs were illegally collected, but the government has yet to signal when or if refunds will be issued.

Published on Mar. 9, 2026

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The U.S. Supreme Court ruled that more than $126 billion in emergency tariffs imposed by the Trump administration were illegally collected, and the U.S. Court of International Trade ordered the government to refund them. However, the administration has not indicated when or if it will repay the tariffs, leaving many businesses, especially small ones, in limbo and facing potential financial hardship.

Why it matters

The tariffs have placed a significant burden on Texas businesses, particularly small companies that can least afford the added costs. With no clear timeline for refunds, these businesses are left in a difficult position, unable to recoup losses or plan for the future.

The details

The Trump administration had been collecting the tariffs under the International Emergency Economic Powers Act of 1977 (IEEPA), but the Supreme Court ruled this use of IEEPA was illegal. The U.S. Court of International Trade then ordered the administration to refund the tariffs, but the government has not signaled if or when it will do so. Businesses that try to force the government to repay the tariffs risk retaliation, as customs officials can scrutinize their records for any mistakes going back five years.

  • The Supreme Court ruled the tariffs were illegally collected in February 2026.
  • The U.S. Court of International Trade ordered the refunds in March 2026.

The players

Weston O'Black

A partner with the Houston office of the law firm Susman Godfrey, which is representing companies seeking refunds.

Michelle Schulz

A Dallas-based attorney who is skeptical the government will meet the 45-day deadline to begin processing refunds.

Daniel Rivera

The owner of Houston-based toy store Misfit Toys, who estimates his business was down $110,000 due to the tariffs and has no expectation of getting the money back.

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What they’re saying

“I don't know yet whether that's going to happen, and we are going to have to see in the coming days, but if that does happen, that's just going to slow things down even more.”

— Weston O'Black, Partner, Susman Godfrey (Houston Public Media)

“The problem is, customs is also going to be looking in that same system to see if you made any mistakes, and they can go back five years.”

— Michelle Schulz, Attorney (Houston Public Media)

“We have no expectations of getting any money back from this administration. If there's something that happens and we get that money back that we spent, that would be wonderful, but we're too small of a business to take any legal matters, any legal action against anyone. It would just wipe us out.”

— Daniel Rivera, Owner, Misfit Toys (Houston Public Media)

What’s next

The judge in the case will decide on whether to allow the administration to challenge the international trade court's ability to order nationwide tariff refunds.

The takeaway

This situation highlights the ongoing financial strain and uncertainty faced by Texas businesses, especially small companies, due to the government's handling of tariffs. Without a clear path to recouping losses, many may be forced to make difficult decisions to stay afloat.