Prof G Markets Billions in Tariff Refunds — Who Gets the Money?
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Feb 24, 2026 
Peter Harrell, a trade law scholar and former trade official, and Ryan Petersen, CEO of Flexport and supply-chain entrepreneur, discuss the fallout from recent U.S. tariff rulings. They cover why the court struck down certain tariff authority, how refunds to importers might work, the mechanics of protests and renewals, and the messy practical and legal consequences for companies and governments.
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IEPA Ruling Ends Emergency Tariff Power
- The Supreme Court struck down Trump's use of the 1970s IEPA emergency power to impose sweeping tariffs.
- That decision stopped the IEPA route but prompted the administration to immediately use Section 122 to impose a 10% tariff, potentially up to 15% for 150 days.
File Protests Now To Preserve Refund Rights
- Importers should file customs protests quickly because the maximum window is 494 days after an entry to challenge duties.
- Flexport is filing protests for customers back to February 4th and offers a refund-calculator and protest filing service at tariffs.flexport.
Use Protests Instead Of Lawsuits For Efficiency
- Businesses should track and file protests for every entry that incurred IEPA tariffs rather than waiting to litigate.
- Protests are cheaper than lawsuits and Flexport and similar brokers can file them on clients' behalf.