Ranking Members Markey, Wyden Demand Complete Tariff Tax Refunds for Small Businesses, Condemn Trump’s Obstruction of the Refund Process

Letter (PDF)

(Washington, June 10) - Ranking Member Edward J. Markey (D-Mass.) and Finance Committee Ranking Member Ron Wyden (D-Ore.) today sent a letter to Customs and Border Protection (CBP) Commissioner Rodney Scott demanding that tariff refunds, legally owed to American small businesses, are fully paid without additional delays, obstructions, or complications. The Trump administration has refunded approximately $20.6 billion to importers that were forced to pay Trump's illegal International Emergency Economic Powers Act (IEEPA) tariffs, while roughly $146 billion remains to be refunded.

The lawmakers wrote, "On April 7, 2026, the CIT ordered CBP to refund unlawfully collected duties and process imports without regard to the invalid tariffs. The trade court's ruling was sweeping: it applied not only to plaintiffs that had filed suit, but to all importers of record that paid the unlawful duties. Despite that clear directive, the Administration has slow-rolled implementation of the refund process from the outset."

The lawmakers continued, "This entire episode raises serious questions about whether the Administration is intentionally slowing the refund process in order to retain access to unlawfully collected funds for as long as possible. Those concerns are heightened by the Administration's broader pattern of attempting to redirect funds toward unrelated political priorities. In recent months alone, reporting has documented efforts by the Administration to shift billions of dollars away from military readiness, global health, and other congressionally authorized purposes in order to support mass deportation operations and other favored initiatives."

The lawmakers concluded, "American businesses should not be forced to bear the cost of the Administration's unlawful tariff scheme and subsequent legal defeat. The courts have spoken. The money belongs to the importers from whom it was unlawfully taken. The Administration's obligation is to return it promptly, fully, transparently, and without gamesmanship."

The lawmakers requested answers to questions by June 24, including:

1. What is the total amount of IEEPA tariff revenue collected by CBP pursuant to the unlawful tariff orders invalidated by the Supreme Court?
2. How much of that amount has been refunded to importers to date?
3. How much additional money remains pending, disputed, or otherwise unreimbursed?
4. What is CBP's anticipated timeline for implementing subsequent phases of the refund process covering all affected importers?
5. Does CBP maintain the position that importers must file individualized claims, protests, or litigation in order to obtain refunds to which they are legally entitled under the CIT's order?
6. Has CBP communicated with the Department of the Treasury, the Office of Management and Budget, or any other federal agency regarding the possible retention, transfer, reprogramming, or alternative use of unreimbursed tariff revenues? If so, please describe all such communications.
7. What safeguards are currently in place to ensure that unlawfully collected tariff revenues are not used, transferred, obligated, or relied upon for unrelated Administration priorities prior to refund?

Ranking Member Markey is fighting hard to ensure that small businesses are protected from Trump's disastrous economic policies, including his illegal tariff taxes.

• In April, Ranking Member Markey again called on 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 President Trump's illegal IEEPA tariffs. Markey had previously called on Amazon, Federal Express (FedEx), Wal-Mart, Costco, DHL, and United Parcel Service (UPS). In their responses, many companies offered no firm commitment to refund their customers for IEEPA tariffs paid.
• Also in April, Ranking Member Markey reiterated his call for CBP to implement a simple, automatic refund process as the Trump administration launched CBP's online refund payment system, which small businesses reported issues with.
• Previously in April, Ranking Members Markey and Wyden, along with Leader Chuck Schumer (D-N.Y.), released a report on Trump's harmful "Liberation Day" tariffs one year later.
• In March, Ranking Member Markey led several Senate Democrats in writing to CBP Commissioner Scott calling for an automatic tariff refund process that does not create more pain for American small businesses and families.

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Permalink: https://www.sbc.senate.gov/public/index.cfm/2026/6/ranking-members-markey-wyden-demand-complete-tariff-tax-refunds-for-small-businesses-condemn-trump-s-obstruction-of-the-refund-process