Tag: supply chain

Supreme Court Tariff Ruling: Navigating New Import Realities and Potential Refund Pathways

Following a landmark 6–3 Supreme Court decision striking down executive tariffs, Michelle Schulz provides strategic context on alternative tariff mechanisms and the path toward recovery for U.S. importers.

Summary

In a major legal shift, the U.S. Supreme Court ruled 6–3 that key executive-imposed tariffs were unconstitutional due to a lack of explicit congressional approval. Speaking on KXAN-TV, international trade attorney Michelle Schulz addressed the immediate operational implications for businesses facing a rapid pivot to alternative tariff structures and explored whether companies can expect refunds on duties previously paid.

September 3, 2026

KXAN-TV, Austin

Anchor: Will DuPree

The U.S. Supreme Court delivered a decisive 6–3 ruling holding that broad tariffs enacted without congressional authorization breached constitutional boundaries. While the decision invalidates significant duties previously imposed under executive order, the administration has signaled a swift pivot toward alternative statutory authorities—including a temporary 10% global tariff and other legal channels—to maintain revenue and trade pressures. For corporate leadership, this decision offers immediate legal relief on one front while introducing new compliance hurdles as the executive branch leverages alternative trade statutes to keep duty obligations in place.

Discussing the ruling’s real-world impact on KXAN Radio, Michelle Schulz highlighted the ongoing friction felt across the supply chain, noting,

“For the most part, importers are frustrated because they do have to pay those tariffs, and if they don’t pay them, they get penalized.” 

U.S. importers have absorbed heavy financial strain under recent duty policies, facing severe administrative penalties or inventory holds for non-compliance. While the court’s ruling challenges the validity of certain tariff programs, importers cannot afford a lapse in compliance. Businesses must navigate shifting Customs enforcement, precise classification standards, and emerging regulatory frameworks as new trade measures take effect to avoid costly delays at ports of entry.

For businesses seeking financial recovery on duties paid under the invalidated authorities, the court’s decision opens a potential avenue for refunds, particularly regarding IEEPA-based tariffs. Addressing the outlook for duty recovery, Schulz observed,

“The refund process is—it gives me some hope. There may be refunds available on these IEEPA tariffs, but importers should keep in mind that that could take a very long time, and it could be a complex, nuanced…” 

As noted during the broadcast, recovering paid duties will not happen overnight. The refund process is expected to be a multi-layered, highly technical legal procedure requiring meticulous documentation, strategic protest filings, and ongoing monitoring of Court of International Trade directives. Importers are encouraged to audit past entry summaries immediately to preserve their rights for monetary recovery.

Protect Your Bottom Line & Explore Tariff Refunds

Don’t navigate post-ruling tariff adjustments or complex refund processes alone. Contact the trade compliance experts at Schulz Trade Consulting today to audit your past duty payments and safeguard your supply chain against upcoming policy shifts.

Small Businesses Push Back as New Tariff Wave Hits Global Supply Chains

Trade attorney Michelle Schulz details how stacking tariffs are disproportionately impacting importers on This Morning with Gordon Deal.

Summary

International trade attorney Michelle Schulz joined This Morning with Gordon Deal to explain how small businesses are mounting legal challenges against broad, stacking tariffs that disproportionately impact their operations. To protect their bottom lines, Schulz recommends that importers proactively file administrative protests with Customs and Border Protection to preserve their legal rights and secure potential duty refunds before entries liquidate.

July 30, 2026

This Morning with Gordon Deal

Host: Gordon Deal

As small businesses navigate an increasingly complex international trade landscape, a growing coalition of importers is taking legal action to challenge the latest round of federal import taxes.

Appearing on This Morning with Gordon Deal, international trade attorney Michelle Schulz, founder and managing partner of Schulz Trade Law in Dallas, outlined how expanding tariff measures are straining commercial operations across the country. Importers are facing overlapping duty burdens, with rates rising anywhere from 10% to 12.5% across multiple categories. Schulz explained that administrative frameworks originally structured for targeted trade policy are now being applied broadly, creating widespread confusion and financial hardship.

As Schulz noted,

“Small businesses are really still reeling from Section 122, Section 232, Section 301, and they’re very confused overall about what tariffs they owe, how much they owe, and what they can still recoup and refund.”

A primary driver of recent legal challenges centers on the administration’s use of broad trade policy mechanisms under the banner of targeted remedies. For instance, recent Section 301 forced labor designations have applied sweeping 12% tariffs across approximately 60 countries, placing a blanket tax burden on all incoming shipments regardless of individual supply chain integrity. According to Schulz, small importers bear a disproportionate burden under these broad enforcement actions compared to larger corporations with deep compliance budgets.

“Small businesses are suing to block the latest import taxes because… they’re challenging Trump’s authority, but they’re saying that Trump is using mechanisms intended for targeted tariffs to impose broad tariffs,” Schulz stated. “Every importer is subjected to that tariff. So small businesses are saying, ‘Hey, wait, you’re just using that tariff to apply a broad tariff to everyone,’ and that impacts small businesses disproportionately.”

Despite these daunting market conditions, small businesses have secured significant financial victories through proactive legal and administrative remedies. Schulz reported that her firm alone has already recovered over $5 million in IEEPA tariff refunds for clients of all sizes since May, demonstrating that legal recourse remains viable. To safeguard bottom lines against the newest wave of tariffs, importers are encouraged to explore administrative options such as Customs and Border Protection protests, which offer a faster, lower-cost method to preserve refund rights before entry liquidations occur.

“In regard to the most recent tariffs, they can file a lawsuit, they can file a protest,” Schulz advised. “Protests are typically the way to go as far as administrative remedies. They’re less expensive than filing a lawsuit… simpler, faster, and they will preserve your right to contest the amount on your entry.”

Protect Your Import Operations & Recoup Excess Duties

Don’t leave your hard-earned capital on the table. Contact the experienced international trade team at Schulz Trade Consulting today to review your entries, evaluate protest eligibility, and build a tailored tariff recovery strategy.es, evaluate product-level impact, and explore strategic supply chain adjustments.