Ranking Member Edward J. Markey (D-Mass.) has renewed his call for the Trump administration to create a fair process for refunding tariffs, with a focus on supporting small businesses. In a letter sent on November 21 to Small Business Administration Administrator Kelly Loeffler, Secretary of Commerce Howard Lutnick, U.S. Trade Representative Jamieson Greer, and Acting Chair of the Council of Economic Advisers Pierre Yared, Markey urged the administration to prepare for potential tariff refunds if the Supreme Court rules against tariffs imposed under the International Emergency Economic Powers Act (IEEPA).
During recent Supreme Court arguments in a case brought by small businesses, justices questioned the legality of President Trump’s use of IEEPA to impose tariffs. Lower courts have already found these tariffs unlawful, raising the possibility that small importing businesses could receive relief if the Supreme Court rules in their favor.
In his letter, Markey wrote: “[N]early three months ago, I urged Administration officials to prepare a refund process if Trump’s tariffs are struck down. Lower courts have already ruled the tariffs unlawful, and the Supreme Court’s skepticism sets up the prospect that the Administration will be required to repay small businesses more than $30 billion.”
He continued: “For the small businesses leading the litigation challenging the tariffs, this isn’t about politics, it’s about survival. The Administration’s tariffs have brought pain to main street, threatening to shutter decades-old, family-run small businesses. Small businesses don’t have Mar-a-Lago memberships, golden gifts, or ballroom invitations granting them special access to tariff exemptions. Their only remedy is justice in federal court. If, as expected, the Supreme Court strikes down Trump’s tariffs, it will be the Administration’s job to refund small businesses what they are owed.”
Markey asked several questions regarding any plans or guidance prepared by the administration for issuing refunds if required by a court decision. He also sought information on how any refund process would be managed so that it is accessible for small business owners and not dominated by large corporations.
Markey has previously taken steps in Congress related to this issue. He introduced legislation such as the Small Business RELIEF Act and attempted passage of the Small Business Liberation Act—both aimed at exempting small firms from certain tariffs and ensuring they receive refunds if they paid them. These efforts were blocked by Senate Republicans.
Earlier this month and in September, Markey held press conferences with Senate Democrats and affected business owners highlighting concerns over tariff impacts and sharing new data on costs faced by small companies.
