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Illegal Tariffs on Coats: Will Consumers Recover Their Costs?

Alex Grossomanides was charged $248 in illegal tariffs on a coat made in Myanmar. The Supreme Court invalidated these tariffs, prompting a massive refund process, but many consumers fear they won't recover indirect costs passed on through higher prices.

·5 min read
Alex Grossomanides Alex Grossomanides has brown hair, brown eyes and a beard. He is wearing an olive green puffer coat and looking at the camera while standing in front of a white wall indoors.

Unexpected Tariff Charges on Imported Coat

Alex Grossomanides believed he had secured a bargain last year when purchasing a down jacket from France, only to be confronted with a bill exceeding $400 in tariffs and processing fees—almost equal to the coat's purchase price.

The unexpectedly high charges were due in part to the parka's origin: it was manufactured in Myanmar, which was subject to a 40% tariff rate at the time. This resulted in $248.04 in tariff fees for Grossomanides without his prior knowledge.

The Supreme Court has since ruled these duties, along with numerous others implemented by former US President Donald Trump last year, invalid. This decision has initiated a refund process anticipated to become the largest repayment program in US history.

However, even before refunds have commenced, many individuals affected by these tariff costs, including Grossomanides, fear they may be excluded.

This concern arises because the ruling applies solely to importers who paid tariffs directly, leaving unresolved how to compensate those who bore the costs indirectly through increased prices, fees, or other charges.

Grossomanides, who paid the tariff through the shipping company DHL, expresses cautious optimism but remains uncertain about receiving reimbursement.

"They should be refunding people," the 37-year-old personal trainer from Massachusetts states. "It's all my money and I took the hit for it, which I don't think is fair."

In March, the US Court of International Trade ordered customs officials to refund over $160 billion (£121 billion) collected by the government, potentially benefiting approximately 330,000 importers.

Concerns that the government might contest this ruling have not materialized.

Customs officials have indicated that the refund system is expected to launch this month, with an update on progress scheduled for 14 April at the Court of International Trade.

'I have no hope' of a refund

Despite the ruling, fully reversing the impact of these tariffs is nearly impossible. Economic analyses suggest that importers have already transferred most tariff costs to consumers through higher prices, an issue not addressed by the court decisions.

Sue Johnson, owner of a small California-based lamp business, reports significant hardship due to tariffs, which caused her supplier to nearly double the price of mica, a key material for her Art Deco-inspired designs.

She does not anticipate relief from the Supreme Court's decision.

"Maybe they'll get repaid, but I have no hope they're going to refund me," Johnson says.
Ryan Louie Sue Johnson, owner of Sue Johnson Lamps in Berkeley, California has short white hair and glasses. She is wearing a puffy vest, blue shirt and necklace and is surrounded by different kinds of lamps
Sue Johnson, owner of Sue Johnson Lamps in Berkeley, California

'Orchestrated theft'

Importers describe the situation as complex. While many raised prices, increases often did not fully cover the tariff expenses.

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Tariffs also led to additional costs, such as businesses incurring debt to pay duties and experiencing less quantifiable losses like decreased sales.

Kacie Wright of Houghton Horns, a small Texas business importing musical instruments, shared during a forum hosted by the advocacy group We Pay the Tariffs that even preparing to receive a refund has been costly and time-consuming.

"Just making sure my business was lined up to receive a refund has been costly, requiring more than six months of back-and-forth with customs officials to properly register in the agency's online system," Wright said.

Lawyer Jared Slipman, chair of the tax department at Obermayer, which advises businesses on the refund process, explains that customs has placed the responsibility on companies to compile necessary information for claims.

Slipman notes that some businesses, particularly smaller ones, might find the effort disproportionate to the potential refund and may eventually resort to litigation to recover owed funds.

Consumers, according to Slipman, bear the greatest burden.

"It may very well be the case that this is an orchestrated theft from the American consumer... and that would be very unfortunate," Slipman states.

James Tak, who was charged a $24 tariff by UPS last year after receiving video games as a gift from Japan, acknowledges the complexity of managing refunds for millions of consumers but desires reimbursement.

"I just think it's money I shouldn't have to pay," says the 41-year-old Washington resident.
James Tak James Tak looks down while wearing sunglasses in an outdoor setting
James Tak believes money paid by consumers for the tariffs should be refunded

Refund Promises and Legal Actions

Some shipping companies, including FedEx, have pledged to return any refunds they receive to consumers and businesses.

However, many importers have been cautious in their commitments, especially those that passed tariff costs onto customers through less direct means.

This situation has led to class-action lawsuits against several companies, such as retailer Costco, eyewear manufacturer EssilorLuxottica (maker of Ray-Bans), and clothing brand Fabletics, founded by Kate Hudson, which at one point itemized tariff costs on receipts.

These lawsuits allege that these firms stand to be unjustly enriched by receiving government refunds despite having already passed the costs onto consumers.

While government agencies like the Federal Trade Commission typically address consumer issues, in this case, where government policies are involved, private legal actions may be the primary means to compel corporate responses, according to Adrian Bacon, head of litigation at the Law Offices of Todd Friedman, which initiated the case against Fabletics and is investigating other companies.

Despite this, former Trump administration officials have commented on the matter.

US Trade Representative Jamieson Greer recently encouraged companies receiving refund "windfalls" to distribute them to employees as bonuses.

In February, Treasury Secretary Scott Bessent expressed skepticism that consumers would benefit from the refunds.

"I got a feeling the American people won't see it," he said.

This article was sourced from bbc

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