Ranking Member Markey Joins Former New Jersey AG for Small Business Tariff Briefing, Reiterates Call for Automatic Tariff Tax Refund Process

RM Markey: "I asked the Trump administration to create an automatic refund process in August of last year. I will keep holding its feet to the fire."

(Washington, March 19) - Ranking Member Edward J. Markey (D-Mass.) today hosted a virtual briefing for small business owners on the state of refunds in light of the Supreme Court decision to strike down Trump's illegal tariffs. Ranking Member Markey was joined by Matt Platkin, former Attorney General of the State of New Jersey, to update small business owners on the tariff refund fight in the courts and answer questions about how they can prepare. Former Attorney General Platkin is leading the fight for small business tariff refunds in the Court of International Trade.

Ranking Member Markey reiterated the need for an automatic tariff refund process for Main Street small businesses and condemned Trump's unpredictable and chaotic tariff taxes.

"On March 4, the United States Court of International Trade ordered the Trump administration to refund the roughly $166 billion it illegally collected in tariff taxes. Rather than make refunds automatic, this administration plans to force small businesses to sign up and submit burdensome documentation to receive their legally owed refunds. This is unacceptable," said Ranking Member Markey. "I have been calling on the Trump administration to create an automatic system since August of last year. We will not aid Trump's reckless tariff agenda-an agenda that has turned Main Street into Pain Street. I will keep holding this administration's feet to the fire, pushing them to provide refunds to small businesses immediately and automatically."

Platkin, LLP, along with Democracy Defenders Fund, is suing U.S. Customs and Border Protection (CBP) and the Trump administration on behalf of Busy Baby, a Minnesota-based small business that says it was nearly pushed to the brink of financial ruin by Trump's International Emergency Economic Powers Act (IEEPA) tariff taxes.

"Senator Markey has been on the forefront in this fight, especially for small businesses, since Liberation Day," said former Attorney General Platkin. "Our goal is to make sure that small business voices are heard as the court is ordering this relief and as the federal government is building the refund process. We've already seen this administration be highly unsuccessful in using novel legal theories to tax small businesses. The administration should now focus on getting small businesses back their money, growing the economy, and letting small businesses do what they do best, which is build businesses, hire American workers, and provide goods and services to the American public."

Former Attorney General Platkin provided several key takeaways for the dozens of small business owners and stakeholders attending virtually:

• The Trump administration has stated it will build a process through the Automated Commercial Environment (ACE) portal to refund tariffs.
• Small businesses should register for the ACE portal and the CBP Automated Clearinghouse (ACH) as refunds will not go out via check.
• Small businesses should pay close attention to CBP announcements and updates about necessary documentation to submit through the ACE portal.
• If a small business has tariffs that were liquidated under IEEPA, the small business has 180 days to protest those tariffs after they have been liquidated. It is unclear how long it will take for the refund process to come online.
• The situation is constantly changing so there is still uncertainty. Stay informed by following engaged small business groups and congressional leaders.

Ranking Member Markey is leading the fight to deliver real relief for America's small businesses and workers struggling because of Trump's reckless economic policies.

• Last week, Ranking Member Markey sent a letter to the largest retailers and shippers in the country urging them to pass tariff refunds on to consumers and small businesses that bore the brunt of Trump's tariff taxes.
• Earlier last week, Ranking Member Markey, alongside Leader Schumer and Senate Democrats, introduced the Small Business Liberation 2.0 Act to protect small business owners, workers, and consumers from further tariff-related economic harm under Trump's Section 122 tariffs.
• Earlier in March, Ranking Member Markey sent a letter to Trump administration officials renewing his call for a tariff refund process and demanding an investigation into reports that Wall Street traders are taking advantage of Main Street by paying America's small businesses pennies on the dollar for tariff rebates in the absence of an official refund process.

• In February, Ranking Member Markey introduced the Tariff Refund Act of 2026 with Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) and Senate Foreign Relations Committee Ranking Member Jeanne Shaheen (D-N.H.) to require full refunds of Trump's illegal tariffs after they were struck down by the Supreme Court.
• Earlier in February, Ranking Member Markey applauded the Supreme Court's 6-3 decision to strike down Trump's illegal tariffs, held a press conference with Massachusetts small business owners, and called for immediate refunds for America's small businesses.
• Previously, Ranking Member Markey released a report detailing how Trump's affordability crisis, including his devastating tariffs, are hurting Main Streets and working families across America.
• In December, Ranking Member Markey held a press conference on the affordability crisis facing American small businesses and released new state-by-state data on total tariffs paid by small businesses from March to September 2025.
• In November, Ranking Member Markey sent a letter to Small Business Administration (SBA) Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and Acting Chair of the Council of Economic Advisors (CEA) Pierre Yared to renew his call for an equitable tariff refund process for small businesses.
• Earlier in November, Ranking Member Markey held a press conference to highlight the voices of small business owners impacted by Trump's devastating tariffs, and to call on the Supreme Court to strike down the tariffs.
• Previously, Ranking Member Markey held a press conference to highlight the voices of small business owners impacted by Trump's tariffs. Ranking Member Markey introduced the Small Business RELIEF Act in September 2025, which exempts small businesses from the "Liberation Day" tariffs and requires the President to provide refunds to small businesses who have paid them.
• In August, Ranking Member Markey sent a letter to Small Business Administration (SBA) Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and CEA Chair Stephen Miran, calling on their respective agencies to establish and publicize procedures for refunding tariffs to American businesses.
• In May, Ranking Member Markey first attempted to pass the Small Business Liberation Act, legislation that would exempt small businesses from the broad, reckless global tariffs imposed by the Trump administration. Ranking Member Markey returned to the Senate floor in an effort to pass the Small Business Liberation Act in August. Republicans blocked his legislation on the Senate floor on both occasions.