Letter urges development of an equitable tariff refund process that doesn’t disadvantage small importers
(Washington, November 21) - Ranking Member Edward J. Markey (D-Mass.) today 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 Advisers (CEA) Pierre Yared, calling on the Trump administration to establish an equitable process to provide tariff refunds that prioritizes small businesses. During arguments in the tariff case brought by small businesses earlier this month, the Supreme Court expressed skepticism about the legality of Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs. Small importing businesses may be entitled to relief if the Supreme Court rules in favor of Main Street. In August, Ranking Member Markey sent a similar letter asking the Administration to prepare a refund plan following several lower court rulings in favor of small businesses.
In the letter, Ranking Member Markey writes, “[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.”
Ranking Member Markey continues, “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.”
Ranking Member Markey requests answers to the following questions in writing by November 29, 2025:
- Has the Administration made plans to refund tariff payments if the Supreme Court declares the tariffs imposed under IEEPA unlawful? Please provide any plans, guidance, or memos the Administration has prepared regarding repaying tariff costs to affected businesses. To the extent that a tariff refund process may already exist, will the Administration modify or expand it to handle any refunds required if the Supreme Court strikes down the Trump tariffs?
- Will the Administration issue tariff refunds even if a federal court does not specifically order refunds for all affected businesses? If not, why not?
- If the Administration decides to issue tariff refunds, how does it plan to ensure a smooth and equitable process that small businesses can easily navigate?
- What actions does the Administration intend to take to ensure that all small businesses clearly understand any available refund process? How does the Administration intend to address the high volume of refund requests? Has the Administration allocated any resources to handle the anticipated volume of refunds?
- How will the Administration prevent large corporations that passed tariff costs onto consumers from unduly enriching themselves through refund windfalls?
Ranking Member Markey has led the fight to deliver real relief for America’s 36 million small businesses who are struggling because of Trump’s reckless economic policies. Earlier this month, Ranking Member Markey held a press conference with Senate Democrats and small business owners to call on the Supreme Court to strike down Trump’s devastating and illegal tariffs. In September, Ranking Member Markey held a press conference to highlight the voices of small business owners impacted by Trump’s tariffs, and to release new data on the cost of the tariffs for small businesses.
Previously, Ranking Member Markey introduced the Small Business RELIEF Act, 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 returned to the Senate floor in an effort 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 first attempted to pass the Small Business Liberation Act in May. Republicans blocked his legislation on the Senate floor on both occasions.
