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Started By
Message
re: Federal Circuit clears path for tariff refunds
Posted on 3/3/26 at 8:18 am to jnethe1
Posted on 3/3/26 at 8:18 am to jnethe1
quote:
I didn’t say that it did
So why ask the question in a thread specifically about the impacts of the ruling you now admit are not relevant to your question in any way?
quote:
These are the methods by which other countries protect their own industries and we cannot use these same methods
This is not true. Why do you think we cannot use the same methods?
quote:
The response will be that we need to go through congress and the senate to get it approved appropriately.
Wrong again. There are already avenues that were already passed available to the admin. They chose another path using another already-passed statute that didn't authorize tariffs.
0
Posted on 3/3/26 at 8:18 am to udtiger
quote:
Hope all these companies are prepared for the deep dive into their finances/business practices, because they are going to have to very clearly and convincingly show they didn't pass any of it onto their customers (and exactly how much tariff they paid) to even submit a claim.
Nope. Just a receipt to show they paid the tariffs.
And here’s the beautiful part. These companies will be reimbursed with interest.
Posted on 3/3/26 at 8:18 am to Ten Bears
quote:
No they fricked up.
Oh darn it. I fricked up and made 100s of millions of dollars. I hate when I do that.
Posted on 3/3/26 at 8:19 am to jnethe1
quote:
The response will be that we need to go through congress and the senate to get it approved appropriately. But we all know that isn’t going to happen.
Because we have a divided dysfunctional government.
A government not capable of serving the the people who formed it and the purpose of its existence should be abolished.
Posted on 3/3/26 at 8:20 am to Ten Bears
quote:
Nope. Just a receipt to show they paid the tariffs.
The glee that some folks have here over US businesses getting screwed is Twilight Zone shite. It's as if 1/3 of the PT has been hypnotized.
Posted on 3/3/26 at 8:23 am to Ten Bears
quote:
Just a receipt to show they paid the tariffs.
Depending on how they did business. That could be a giant windfall.
Posted on 3/3/26 at 8:35 am to SlowFlowPro
quote:
Educate yourself on the most basic aspects of the case before you ask a question like that.
Good lord you’re a miserable person
Posted on 3/3/26 at 8:37 am to LawTalkingGuy
It will never happen....
Posted on 3/3/26 at 8:42 am to GumboPot
Is that even possible?
The law seems (although I am far from an expert) pretty clear that only an Importer of Record is entitled to any possible refund.
The law seems (although I am far from an expert) pretty clear that only an Importer of Record is entitled to any possible refund.
Posted on 3/3/26 at 8:56 am to GumboPot
quote:
It almost like you would have had some insider knowledge.
I’m always down to shite on unethical behavior, but you really didn’t need inside knowledge here. It was always an overly expansive reading of the statutes and the claimed powers. To hedge on that for an 200-300% return is just good entrepreneurial spirit.
This post was edited on 3/3/26 at 8:57 am
Posted on 3/3/26 at 8:57 am to JimEverett
quote:
Is that even possible?
As long a contracts between two parties remain legal in this country.
For the sake of example, you are an importer and you sold 100 million dollars of goods into the U.S. and your tariff bill is 10%. You pay the 10 million in tariffs. Sunk cost.
Then you are approached by an investment banker from Cantor Fitzgerald and he pitches a proposal to you. He says there is a slim chance that future court rulings will entitle you to a tariff refund however the outcome is not certain but we are willing to take some risk an pay you 30 cents on the dollar now if you sell your rights to future tariff refunds. At that point in time the extra 3 million seems like a good deal so you sell your rights and forgo any tariff refunds and sign the contract.
Fast forward to the SCOTUS ruling.
The 10 million dollar refund gets sent to Cantor Fitzgerald via the importer because they now own the rights to that refund.
Profit 7 million.
Posted on 3/3/26 at 8:58 am to JimEverett
quote:
The law seems (although I am far from an expert) pretty clear that only an Importer of Record is entitled to any possible refund.
Businesses sells accounts receivable all the time. There may not be a UCC provision for tariff refunds, but I’m sure smart lawyers could hammer out the language.
Posted on 3/3/26 at 8:59 am to SlowFlowPro
quote:
The admin chose the wrong statute when there are several other options that would have clearly authorized these tariffs.
This is so fricking retarded. Trump has the authority to enact tariffs, but because he said he was using statute A instead of statute B, then they are null and void even though he has the authority under B.
Common sense says the solution is to just roll them over to B and carry on. Issuing refunds when Trump has the authority to tariff just because Trump said the wrong number is the height of stupidity.
If you agree with the refunds, then you simply care more about the process of the law then the law itself and the actual results. It's so mind-numbingly stupid to think that way.
Posted on 3/3/26 at 9:02 am to boosiebadazz
quote:
To hedge on that for an 200-300% return is just good entrepreneurial spirit.
However you'd like to interpret it. Given the fact that Howard Lutick's kids have a insider track to the administration and as a buyer of said contracts I think it's fair to say they had a MUCH different risk evaluation than the seller of said contracts.
Not illegal.
Unscrupulous? Probably.
Potentially a political thorn in the administration's side due to Lutnick's position in the administration? Not likely because this is too complicated (it's not) of a scheme for most people to understand.
Posted on 3/3/26 at 9:04 am to boosiebadazz
Backdoor Stimulus............LMAO!
Posted on 3/3/26 at 9:06 am to SlowFlowPro
Do you have a "real" job?
Posted on 3/3/26 at 9:11 am to TenWheelsForJesus
quote:
Common sense says the solution is to just roll them over to B and carry on. Issuing refunds when Trump has the authority to tariff just because Trump said the wrong number is the height of stupidity.
Please make the stupid stop. The government cannot collect money under an improperly used statute, and then get to say, “my bad, we will use the correct statute now, and we will retroactively apply it so we don’t have refund improperly acquired funds.”
It simply does not work that way. The ONLY way to avoid refunds would be for Congress to retroactively codify Trump’s tariffs. And that ain’t happening.
quote:
If you agree with the refunds, then you simply care more about the process of the law then the law itself and the actual results. It's so mind-numbingly stupid to think that way.
I agree with refunds because tariffs are fricking stupid, but I will confess that there is a certain level of hilarity at the utter incompetence of the Trump administration and how they rolled it out.
This post was edited on 3/3/26 at 10:43 am
Posted on 3/3/26 at 9:11 am to SlowFlowPro
quote:
Educate yourself on the most basic aspects of the case before you ask a question like that.
Yes, yes, yes SFP. Use the law to hurt your own country and aid foreign countries. So typical.
Posted on 3/3/26 at 9:11 am to SlowFlowPro
quote:
The Trump admin chose to enact tariffs via a statute (the IEEPA) that did not authorize tariffs.
So it's basically a paperwork and process error, not necessarily a problem with any tariff. Why would any refund be issued? These are our own rules for ourselves. If the tariff rates were agreed upon and paid by these other countries, who gives a shite how we got there.
You're saying we violated our own rules set for ourselves to follow, so we determined money should be refunded? To Americans sure, otherwise, gtfo.
Posted on 3/3/26 at 9:15 am to boosiebadazz
Back door stimulus? The money only goes back to the Importer of Record (ie Business Owner) and most of them have already backed the tariff into their sell price to the customer. I'm all for the refunds for importers, but let's not get carried away.
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