Some Canadian businesses may now be eligible to claim refunds on certain U.S. tariffs imposed during the administration of Donald Trump, following a key legal ruling. The decision has opened the door for companies that paid specific import duties to recover some of their costs, although the process remains complex and limited in scope.
The ruling by the U.S. Court of International Trade found that certain tariffs introduced under emergency powers were unconstitutional. These tariffs, often referred to as “Liberation Day” measures, were applied to goods that did not meet the requirements of the CUSMA. In many cases, affected imports faced duties as high as 35 percent.
According to the Canadian Federation of Independent Business, about one-third of Canadian exporters were impacted by these tariffs. However, only companies that acted as the “importer of record” — meaning they were legally responsible for bringing goods into the United States — are eligible to apply for refunds under the new system.
The refund application process has recently opened, allowing businesses to submit claims detailing the shipments and tariffs they paid. If approved by U.S. Customs and Border Protection, refunds could take between 60 and 90 days to be issued. Officials estimate that importers collectively paid around $166 billion in tariffs across millions of shipments.
Despite the opportunity for refunds, many businesses say the process is difficult to navigate. It requires detailed documentation, along with access to a U.S. customs account and a U.S. bank account. Industry representatives warn that the administrative burden could discourage smaller firms from applying.
In addition, not all tariffs are covered by the ruling. Duties on sectors such as steel, aluminum, automobiles, and softwood lumber remain in place and are not eligible for refunds. This means many Canadian companies continue to face financial pressure from ongoing trade restrictions.
Business groups say the uncertainty surrounding tariffs over the past year has caused significant disruption, including lost contracts and rising costs. While the refund option offers some relief, it also highlights the broader challenges companies face in navigating cross-border trade policies.
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