Whatever the final outcome, the Trump Administration will be well prepared for the next steps.

US Trade Representative (USTR) Jamison Greer said in an interview with Fox News on November 6 (local time) that if the Supreme Court concludes that the US government's reciprocal tax policy is illegal, Washington may have to refund part of the tax to businesses. At that time, the US government will need to work with the Court to determine the tax refund schedule, the rights of the parties and the government.

In the United States, businesses can appeal if they believe the import duties they pay are wrong or illegal. If the Supreme Court rules the duties unconstitutional, the business will have grounds to get a refund.

A day earlier, the US Supreme Court held a hearing on a case related to the government's tariff policy. Notably, many judges, including some conservative judges, expressed skepticism about President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose reciprocal tariffs on global partners. If he loses the case, the Trump administration is expected to have to refund more than $100 billion.

Mr. Greer stressed that he did not expect the government to lose the case at the Supreme Court, but said the Trump administration was willing to refund at least some of the tariffs it collected this year if the Supreme Court overturned them.

Specifically, Mr. Greer said that after the Court's decision, the application files will be transferred to the US Treasury for review and tax refund. The US government will work with the Court to determine the refund schedule as well as the rights of the parties involved. Mr. Greer affirmed that regardless of the final result, the Trump Administration will be well prepared for the next steps.

On the other hand, when asked about his plan if he lost the lawsuit, President Trump emphasized that tariffs are a tool to protect the United States, many national security issues currently rely on tax policy. Thanks to tariffs, the United States has reached trade agreements worth 950 billion USD with the European Union (EU), 550 billion USD with Japan and 350 billion USD with South Korea. Without tariffs, these numbers would not exist.

The White House leader warned that if the Supreme Court stripped the government of its power to impose tariffs, the US would be left defenseless against tariffs from other countries. He stressed that the US has earned trillions of dollars from tariffs, and worried that if it lost this tool, Washington might have to pay back an equivalent amount.

Earlier on November 5, US Supreme Court Justice Amy Coney Barrett expressed concern that the tax refund could create procedural and administrative problems for both the government and importers. During the debate, Judge Barrett questioned Mr. Neal Katyal, a former senior official at the US Deputy Attorney General's Office under former President Barack Obama, about the refund process. Mr. Katyal admitted that this is a very complicated issue, there must be an administrative appeal procedure and the refund process will be lengthy. When Judge Berrett said that the refund would bring many cumbersome procedures, Mr. Katyal replied that creating an administrative burden is not a reason to do nothing.

Source: VTV

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