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Judge Orders Government to Begin Refunding More Than $130B in Tariffs

https://www.wsj.com/politics/policy/judge-orders-government-to-begin-refunding-more-than-130-billion-in-tariffs-fdc1e62c
445•JumpCrisscross•2h ago

Comments

pwg•2h ago
Paywalled.
cinntaile•2h ago
Probably unintended but this is a great pun.
joe_mamba•1h ago
Humorously, this fits the topic quite well
mothballed•2h ago
... refunded to the importer of record. Not the people the costs were passed to. Essentially turning it retroactively into a tax to private businesses. This is the worst case of all scenarios for the consumer.
bdangubic•1h ago
that was the plan all along
davidw•1h ago
These people are evil, but also bumbling idiots, so sometimes there is no evil plan, just incompetence.
candiddevmike•1h ago
There are direct ties from the administration to companies offering hedges against tariffs. There was absolutely an evil plan, IMO.
JKCalhoun•1h ago
Agree. But a few sure scrambled when they read the tea leaves and saw a chance to profit by it.
bdangubic•30m ago
they are everything except incompetent when it comes to massively looting us and profiting.
candiddevmike•1h ago
It's COVID PPP all over again... Expect more asset inflation.
NuclearPM•1h ago
Tax to businesses? You think the costs were only passed down once? Really?
coldpie•1h ago
Yet another successful Republican transfer of wealth from the people who do the work (employees) to the people who don't (owners).
mhb•1h ago
Since the cost was probably split between reduced profit and additional customer cost, it seems pretty impractical to determine who is due a refund - end users or businesses. Or the logistics of refunds to customers.

One possibility would be for businesses to return the fraction of the tariff paid by customers to future customers by offering the items affected with a negative tax until the refund is used up.

Larrikin•1h ago
Making people spend more money to "save" money is just a sale to increase profits even more.
JKCalhoun•1h ago
"Since the cost was probably split between reduced profit and additional customer cost…"

Ha ha, that's a good one. I have yet to hear about reduced profits anywhere. Instead, as I said in another comment, I have actual physical receipts with the additional tariff cost (itemized!) in a pile on my workshop (which I'll never see refunded).

pwg•1h ago
If the amounts are under the limit you might sue the company who cut those invoices in small claims court for the amounts of the tariff line items on the invoices.

The invoices give you slam dunk evidence that you paid that amount in tariffs, and the supreme court decision says the payment was illegally collected, so seems like an easy win for you.

philipallstar•38m ago
> Instead, as I said in another comment, I have actual physical receipts with the additional tariff cost (itemized!) in a pile on my workshop (which I'll never see refunded).

You could ask for a tariff refund from those suppliers.

quickthrowman•1h ago
> Since the cost was probably split between reduced profit and additional customer

As someone who prices and sells labor and material for a living, nobody ate increased tariffs. They were passed along to the ultimate consumer of the tariffed product. Everyone was facing the same tariffs so they’re all incentivized to pass the cost along, line iteming the tariffs on the invoice would make it abundantly clear. I passed along all increased costs with a note on my proposal that said “Any and all additional tariffs will be paid for by the customer.”

selimthegrim•1h ago
Maybe this will finally be the impetus for the US to go for a VAT? Hell if we get a carbon based border adjustment tax out of this like people were talking about in Trump’s first term this might be a case of broken clocks.
wutwutwat•1h ago
That's not how capitalism works. Consumers ate the cost. Have you not bought anything in the last year?
magicalhippo•1h ago
> refunded to the importer of record. Not the people the costs were passed to

I mean the importers were the ones who paid the duties. It's not a given they passed it on, and if it was then in many cases it was spread out. That is importer paid for one container of items, which in turn got sold to individuals which the government has no record of.

If you ordered delivery by say FedEx and they paid the duty and passed it on to you, you should have a reasonable case to get it refunded from FedEx when they get the money back. Ideally they handle it automatically since they have all the necessary details.

For manufacturing companies it's less clear, as some might have swallowed all or some of the duties, and multiple components might have been affected by different rates etc.

Will be interesting to see how companies who passed it on will handle this, given it's a massive PITA to do anything but screw over their customers.

andyfilms1•1h ago
I understand the frustration but I don't understand the logic. The businesses who paid the tariffs (who were literally sent an invoice that they paid) should be the ones refunded.

How would the government even be able to determine if a business increased product prices due to tariffs vs other factors, or even if the business increased prices at all? What if the product is a loss leader and the company was fine just eating the expense? Or what about a nefarious company who manufacturers their stuff in Canada but used "tariffs" as an excuse to increase prices? What would they be refunded from?

coldpie•1h ago
Yes, you're almost there, just go one step further. Now you've got a big pile of money and no clear rules on where it should go. Who gets to decide where it will go? Given how this administration operates, where do you think it will go?
giancarlostoro•45m ago
> I understand the frustration but I don't understand the logic. The businesses who paid the tariffs (who were literally sent an invoice that they paid) should be the ones refunded.

So if I'm the owner of Uncle Billy Bobs Autoparts and I ship from Madeupcountry. I billed you $500 extra for some new car part. The US government refunds me on the tariffs they charged me to import my product to you, and now your taxes is going into my refund. Who wins in this scenario? They're effectively giving every country a free bonus. I wouldn't be surprised if some people got scammed by the tariffs by being overcharged.

There's no serious paper trail to any of this to meaningfully return lost revenue to the American consumer, I would rather not waste tax dollars on refunds.

I guess the only "winners" are maybe businesses that didn't pass on the revenue loss on to the consumer? But how do you even correctly refund those businesses?

philipallstar•39m ago
You just refund the people who pay the tariffs. You can't do any more than that.
giancarlostoro•32m ago
I'm okay with that, though I don't think most of my receipts highlight how much went into a tariff. Maybe for very specific purchases it did, but for most things I've bought over the past year there's no real way to gauge this.
giancarlostoro•35m ago
One thing that should happen moving forward, whether we keep tariffs in one way or the other, we need consumer protection laws. I assume companies abused the "oh yeah you owe us for the tariffs" as a way to overcharge consumers. I think additional costs driven by tariffs should be 100% spelled out to the consumer next to where you're shown the tax amount. This should allow for auditing later if companies overcharge. It also would make "refunding" more reasonable, since you could show a receipt if technically you paid for a tariff, otherwise, if the company swallows it, they would show the amount but 'discount' or 'omit' it as something they are choosing to pay for. Without a paper trail I don't see how refunding any of this is feasible.
hypeatei•1h ago
I'll always find it amazing how Trump got right wingers to get on board with a national sales tax. Mind boggling.
just-working•1h ago
It's really more complicated than this.

Onshoring manufacturing is something that has to be incentivized and that has positive externalities outside of dollars and cents.

But some tariffs were really dumb, like on bananas. We can't grow bananas here...

HumblyTossed•1h ago
> But some tariffs were really dumb, like on bananas. We can't grow bananas here...

Trump and his cabinet don't understand this.

jkestner•1h ago
Hey, Chiquita needs to start paying for its own wars now.
afavour•1h ago
It should be more complicated but the way the Trump admin did this isn't complicated. Tariffs were used to punish countries that didn't bend the knee. When they did, the tariffs were removed. So no-one was ever going to build a factory in the US because of tariffs, everyone knew they might go away tomorrow.
Forgeties79•5m ago
This back and forth is the entire issue if you ask me. Whoever you ask in the administration on any given day is going to say the tariffs exist for different reasons. It’s on purpose though - it’s so whoever is arguing for the admin can curate the answer.

Don’t like the cost? It’s a negotiation tactic. Want manufacturing back? That’s what it’s doing actually, it’s definitely a longterm play to bring it back. Worried about the debt? The tariffs are going to be a huge, permanent revenue generator that gets back at countries that “cheated” us.

I’ll take my Fox News slot now please and thank you.

adampunk•1h ago
It’s not that complicated. People got mad that gay people existed and they had to press “2” for English and here we are.
libertine•1h ago
Tariffs aren't incentives, the whole thing is upsidedown.
whyenot•1h ago
> We can’t grow bananas here…

We can’t? Are south Florida, southern California, Hawaii, Puerto Rico, are they not “here”? There is literally a banana variety called California Gold.

llm_nerd•30m ago
>Onshoring manufacturing is something that has to be incentivized and that has positive externalities outside of dollars and cents.

That's what the CHIPS act did. Indeed, everyone talking about TSMC, Intel, etc -- that's all because of the CHIPS act.

Toddler tantrum tariffs, which in reality are a vehicle for massive level corruption (see how Vietnam got a "deal" by approving a Trump resort. Or how every business leader is stuck to Trump's anus lest they be targeted by his tyrant tantrums), are not an incentive. It has had the opposite effect, and new builds have basically dried up.

chuckadams•1h ago
You could point out the inconsistency, but I really think the cognitive dissonance of constant and pervasive hypocrisy is the point. Truth is whatever the party tells you today, and we have always been at war with EastAsia.
ModernMech•1h ago
> we have always been at war with EastAsia

Isn’t the new line that we’ve been at war with Iran for 47 years?

glitchc•1h ago
Which happens to be in Asia. Close enough...
pkilgore•1h ago
Even better "imminent" war with Iran.

For 47 years.

Imminent.

lawn•18m ago
Yes, that is how cults operate.
saurik•1h ago
I don't see why this would be even slightly surprising: that is a common right-wing position and has been for a while? They even made a big run of it in 2023.

https://pettersen.house.gov/news/documentsingle.aspx?Documen...

WarmWash•1h ago
Populist energy
dcveloper•1h ago
It's a smart play for a flat tax. Baseline at 15-20% on imports (proxy for flat tax on income). Then push to eliminate income tax. It's very much aligned with conservative view points on income tax and it's progressive nature.
hypeatei•1h ago
I don't necessarily disagree, a federal sales tax / VAT could make sense. But so far all it's been is conflicting objectives for tariffs: eliminating income tax, trade deal negotiations, and bringing jobs back. I don't think you can have all three of those simultaneously.
estearum•1h ago
Smart if you ignore mathematics
llm_nerd•1h ago
There is absolutely nothing "smart" about anything being done by this incompetent administration of criminals, rapists and self-dealing grifters. They're just flailing around after everything is turning to shit, going from distraction to distraction.

>Baseline at 15-20% on imports (proxy for flat tax on income). Then push to eliminate income tax.

The US government generates $2.5 trillion dollars on just individual income taxes.

The US has about $3.4 trillion dollars worth of imports.

Explain how this makes makes any sense? It's laughable mathematical fantasy to imagine tariffs even denting the deficit, much less eliminating other revenue sources.

The US is a massive economic basket case -- it is basically an economically (aside from being morally) bankrupt country -- and I honestly don't even see a way out of it at this point. I guess just start some wars and try to steal some countries?

dcveloper•1h ago
You're ranting.

Many governments, at least the ones that matter, are bankrupt. Quick google shows all G8 countries run a deficit.

My "smart play" wasn't on the merits of idea, largely the game theory aspect of moving forward to their policy goals after decades of having no traction. It's a unique idea, policy wise. Don't know if it will be effective. Neither do you.

llm_nerd•1h ago
>You're ranting.

Sadly I'm not. I'm objectively stating facts. This criminal cabal of spectacularly incompetent clowns is absolutely ransacking the final days of an empire. It is astonishing how Americans are unaware of this.

>Many governments, at least the ones that matter, are bankrupt. Quick google shows all G8 countries run a deficit.

The US ran a $2.3 trillion dollar deficit over the last 12 months, and spending has gone absolutely wild. At the same time it's handing out massive tax cuts to corporations, and has absolutely no path to get back on track. Quite the opposite, the Trump cabal is basically making it impossible to get back on track. Which is why they're looting everything they can as quickly as they can.

>Neither do you.

Yes, I know that it was harebrained and literally zero economists with a functioning brain have called it a "smart" play. Only absolute cultists or the most profoundly gullible ever found the arguments by the criminals convincing.

Further, as is classic with Trump's lies (that only spectacularly gullible and/or stupid people fall for), he sells every angle of the same play simultaneously. Not only will tariffs eliminate income tax -- a notion that is so mathematically stupid it is instantly dismissible -- simultaneously all of those jobs are going to be repatriated and there will be no imports. These two notions are absolutely at odds -- and both are just utter fantasy nonsense -- but stupid people believe what stupid people do.

And yeah, bro, tariffs are not a unique idea. There is no novelty here.

verall•1h ago
Eliminate income tax and replace with flat sales tax is a libertarian-conservative policy goal for some time
JKCalhoun•1h ago
Anything flatter than a progressive tax means, by definition, that the poor will pay more, and the rich less.

I suppose that sounds pretty good if you're rich.

add-sub-mul-div•1h ago
It's such an old and standard and basic playbook. They cultivated fear among the poor about immigrants or some bit of social progress like pronouns. To win power and take whatever actions they believed would enrich themselves. There's never anything more to it than that.
dionian•1h ago
illegal immigrants are taking jobs from legal immigrants. thats why so many hispanic and black voters defected from the democrats lately
mothballed•1h ago
Tariffs (or something like land value tax) are one of the less intrusive forms of taxes since imported goods are already scrutinized and tabulated at the border anyway under the border 4A exception. In theory tariffs are a lot less dystopic in their financial surveillance than stuff like income tax, but you were supposed to drop the income tax when you pick up tariffs, not just use it to make the Swamp larger.
Herring•1h ago
In 2023, 28% of U.S. adults scored at or below Level 1 literacy, indicating significant difficulty with everyday reading tasks. https://www.nu.edu/blog/49-adult-literacy-statistics-and-fac...

You guys are surrounded by other college-educated SWE, you have no idea how bad it is out there.

People without a college degree went Trump 56-43. People with a college degree went for Harris 56-42. https://en.wikipedia.org/wiki/2024_United_States_presidentia...

tegiddrone•1h ago
Yeah, it is an interesting bubble to be in. I worked with a company that could not keep up with the rising SWE salaries and thus attracted a different kind of SWE. I definitely felt the difference in education with the new hires. Reading comprehension/attention was weak. AI will easily replace them, I guess.

Finding the data on this would be convenient but its still unclear to me. I'm not a fan of how that article from NU cites its sources loosely, including lazily citing Wikipedia.

nebula8804•54m ago
>I worked with a company that could not keep up with the rising SWE salaries and thus attracted a different kind of SWE.

Maybe im misunderstanding you but I would think that any level of SWE skill would be a minimum amount of competence such that they wouldn't fall for Trumps tricks? SWE is rearranging bits accordance to logic...so you need to know logic no?

tegiddrone•32m ago
Oh, I WISH that was the case but I'd estimate only 10% of SWE would fit your model of minimum competence... and yeah a lot of that 10% are browsing HN. I recall in 2016 asking coworkers why they voted trump. "My 401k" was a frequent answer.

Vibe coding existed long before AI, especially in web/startup/enterprise information systems. You don't need to be a critical thinker to make a successful RoR app.

nebula8804•55m ago
How do we fix this should be the question asked. Is it even possible at this point?

I guess there is no free lunch, each person who realizes the importance of education has to start taking it seriously right now and spend their lives getting their community to start taking it seriously and maybe hopefully the next generation can emerge much better off. We let this mess fester for decades and now we are paying for it for the rest of our lives because there is no free lunch.

Herring•16m ago
Education is a public good, therefore good education is socialist, and Americans are very hyper-individualist (aka antisocial). History suggests that Americans generally only move toward communal support systems during extreme crises, like the shift during the Great Depression. Even Covid wasn't enough to get people asking for universal healthcare, it has to be much worse.

Overcoming 'American Exceptionalism' to adopt a successful model like the Finnish education system would probably require a massive crisis. The current system will just limp along until then.

parineum•29m ago
> People without a college degree went Trump 56-43. People with a college degree went for Harris 56-42.

One made more promises to the poor and working class. It seems baked into your comment that the distribution should be 50-50 which seems crazy. A swing of ~5 points isn't that much.

This math would work on any demographic.

a-french-anon•1h ago
Even in the US, I don't think right wing == capitalist. There are the people in it for the economics and others for the ideas/values.
AdamN•1h ago
Ironically I was mildly in favor of tariffs from the left pov. Reduced consumption and getting more taxes to help pay down the debt.

Consumption was likely mildly reduced (and still is with the 15% tax) but now we have more inflation coming our way when those billions start flowing and our debt just keeps going up.

dtech•1h ago
Note that it's less than 15%, only what the importer pays, so less than a VAT would be
JKCalhoun•1h ago
Such a regressive tax to get behind.

Now if tariffs had only been applied to, I don't know, yachts, private jets…

AdamN•1h ago
I'd go for a more progressive tax if it was on offer. But there is so much debt that I'm pretty worried that taxes are simply unsustainably low.
hypeatei•1h ago
Rich people consume a lot more, so a consumption tax would be ideal if you eased other tax categories like income tax and/or capital gains. It's easy to administer and would boost investment across the economy IMO.
AdamN•1h ago
I wouldn't ease any taxes - we simply can't afford lower taxes. Debt is nearly $40T (125% of GDP)!
hypeatei•57m ago
Well, government spending could go down along with that too. Obviously, that ain't happening with Republicans (see: the OBBB and failed DOGE project) but in theory you could do major reform and craft coherent policy while not triple dipping tax-wise. I think you could implement quite a high consumption tax model and be okay -- you'd have the added benefit of very simple collection and enforcement since it's all at the tail end.
parineum•27m ago
> Ironically I was mildly in favor of tariffs from the left pov.

The ironic part is not that you were mildly in favor from the left, the ironic part is that they came from the right.

Pre-Trump, the right was very anti-tariff and only a portion of the left was pro tariff, the Bernie Sanders type.

SV_BubbleTime•1h ago
What was the tax rate if you bought things made in the US with US materials?
hypeatei•1h ago
What if there was no alternative that was US-made?

Even if there was a US version, you'd still pay more regardless. This goes against one of the main grievances in the 2024 cycle: prices are too high.

mindslight•1h ago
The same as the tax rate on a blessing of unicorns that I also couldn't buy.

Our domestic manufacturing industry is so far gone, it's doubtful whether even skillfully-applied tariffs could encourage any of it to come back on their own. Never mind this clown show, which apparently didn't even do the basic political work to make sure the tariffs would stay in place more than a year, despite having both houses of Congress.

tt24•1h ago
National sales tax would be significantly better than income tax. Per head would be even better Unfortunately replacement doesn’t seem to be on the table for anyone.
myrmidon•1h ago
Better for whom? Wealthy people?

If your argument is that taxation at sale is harder to dogdge than with income, and thus an obviously regressive scheme would still be advantageous for the average American, then I'm not buying it at all.

I see no evidence whatsoever that the wealthy would have any more difficulty in dodging sales tax than income/capital gains taxes.

tt24•43m ago
That’s not my argument.

I don’t think there’s anything wrong with a more regressive tax scheme. Bill Gates and I consume approximately the same amount of resources. I don’t see why he should have to pay a significantly different rate than I do.

onlyrealcuzzo•1h ago
How is it mind boggling? It's a regressive tax. That's literally their MO.

They've been pushing the national sales tax to replace income tax since the 2000s (and probably longer).

happyopossum•10m ago
Every single proposal for a national sales tax, consumption tax, or 'flat' tax put forward by the right has been shown over and over again to not be regressive - usually through the implementation of prebates (literally a check written to lower income people every year/quarter to cover a portion of the taxes they will pay).

Whether or not these schemes would work is debatable, but to claim that they show an MO of regressive taxes is just false.

pwg•1h ago
Much of that was his lie that "other countries pay the tariffs" that, somehow, a huge number of his supporters swallowed completely.
SyneRyder•1h ago
Here's a gift link to access it if you don't have a subscription:

https://www.wsj.com/politics/policy/judge-orders-government-...

jokoon•1h ago
What if this was the plan, so those importers can make money?
recursivedoubts•1h ago
in other news:

https://newrepublic.com/post/206882/trump-commerce-secretary...

happyopossum•14m ago
Also in other news:

"Amid online claims Commerce Secretary Howard Lutnick’s sons, Brandon and Kyle Lutnick, senior executives at Cantor Fitzgerald, could benefit from the Supreme Court’s tariff ruling, a firm spokesperson told Newsweek it has “never executed any transactions or taken risk on the legality of tariffs.""

[0] https://www.newsweek.com/howard-lutnick-sons-may-make-money-...

WarmWash•1h ago
I have a few thousand dollars that I paid to a Chinese manufacturer who then used that money to pay an importer so that I could get my materials hassle free.

Looks like the hassle will now be on the backend...

JKCalhoun•1h ago
Yeah, I got the receipts even—with tariffs itemized.

I'll never see that money.

dtech•1h ago
I work in the customs industry. What you are describing was a common scheme (DDP Incoterms) to evade the tariffs (partially), and there is a carve out of the refunds that explicitly says DDP will not be refunded. So there's s chance you get nothing back.

Also contractually you didn't pay the duties so you wouldn't get refunds.

satvikpendem•1h ago
Cantor Fitzgerald, formerly led by Commerce Secretary Howard Lutnick and is now run by his son, went to various companies that were affected by tariffs and bought the rights to their potential tariff refunds for 20% of the value on the expectation that it'd be struck down by the courts.

Now they stand to make huge returns of 3 to 5x for being correct on that bet, while, of course, consumers get nothing. Now if this isn't insider trading (by the literal Commerce Secretary), I don't know what is.

rbanffy•1h ago
I believe, with huge disappointment, that this level of corruption has been normalised in this administration and that nothing will come out of this.
candiddevmike•1h ago
Yea, I'm done hearing "the wheels of justice turn slowly..." bullshit. People have had their lives ruined, far quicker, for far less.
jacquesm•1h ago
The wheels of justice don't turn at all once you reach $1B or so. Their speed is essentially inversely proportional to the net worth of the individual under scrutiny. And if you're really rich you get to buy your own laws through a thing called lobbying. So you will get even more rich.
coldpie•1h ago
Life in prison for every single person working under this administration is the moderate position.
amanaplanacanal•35m ago
After this is all over, we probably need to do something about presidential pardon power. Getting a constitutional amendment through is hard, but I don't see another option.
rootusrootus•1h ago
Look how many comments in this discussion are scrambling to support the corruption. It’s very normalized, to the point where we don’t call it corruption any more, we call it good business.
actionfromafar•1h ago
But they are sticking it to the libs, so it’s all worth it?
barelysapient•1h ago
This assumes companies would have refunded consumers.

Obviously if a company did this, refunding consumers was the last thing on their mind.

HarHarVeryFunny•1h ago
Best case consumers may be refunded for tariffs directly charged to them by shipping companies like FedEx and DHL (USPS too, but can you really see them having the competence to do this?!).

What consumers will presumably never be refunded for are the increased prices they've been paying for imports of any kind (from Walmart, Amazon, grocery store) where someone else was the importer.

6510•59m ago
It will trickle down!
sillysaurusx•1h ago
That’s smart though. If you don’t want to lose your rights to tariff refunds, don’t sell them. Would the alternative be to forbid companies from selling those rights in this case?

As for whether consumers should get anything, I’m sympathetic. It’s a matter of implementation though. How would you refund so many people? You’d have to quantify how much overhead they’ve paid in tariffs, and that seems like an IRS-scale job. Dealing with it at the scale of individual companies is at least tractable.

bhouston•1h ago
> That’s smart though. If you don’t want to lose your rights to tariff refunds, don’t sell them. Would the alternative be to forbid companies from selling those rights in this case?

Definitely smart, but also sure looks like an insider play / corruption / self-dealing.

Ajedi32•1h ago
The commerce secretary has no control over what the Supreme Court does. Anyone could have read the law and decided whether they thought the tariffs were legal or not.
simmerup•1h ago
But he does know that Trump had no plan to contest the supreme court or make new laws
NetMageSCW•12m ago
Trump doesn’t have those powers.
hermanzegerman•1h ago
The commerce secretary has in this case a huge conflict of interest in pushing for these illegal policies in the first place
AnimalMuppet•1h ago
The commerce secretary wasn't the one pushing for them in the first place. The president was.

I mean, look, there's plenty of conflicts of interest, and stuff that sure looks like graft, and claims of people making insane amounts of money off of stuff. But in this case, the commerce secretary's options were 1) do the tariffs or 2) get fired. Minion? Sure. Minion without the self-respect or ethics to quit when they were being told to do unconstitutional stuff? Also sure. Pushing these policies, as though they had agency in the matter? No.

podgietaru•1h ago
Wasn't the whole point of selling your right to refunds that the initial tariff was so onerous to businesses that they needed a cash injection to stay afloat.

Don't sell your right to your tariff refund is one of those things that sounds good in principle, but falls apart when you apply some sense to it.

gruez•1h ago
>Wasn't the whole point of selling your right to refunds that the initial tariff was so onerous to businesses that they needed a cash injection to stay afloat.

No? You also do it for certainly. "One bird in hand beats two in the bush" and all that. You see this occurring outside of tariff refunds, with businesses selling debts to debt collectors for pennies on the dollar, or bond holders selling high risk bonds (eg. Argentina) for steep discounts.

phil21•34m ago
Is a 20 cent on the dollar or so payment for the new tariff expense really going to save a company that much on the bubble?

I'm sure there are a few exceptional cases, but that doesn't seem to me like it would be the typical cases. A company needing to pay $100 in tariffs but then the $20 of cash infusion being the thing that saves the day seems rather unlikely.

I'd say it's more likely this was a profit center to more companies than it was a life line. As in they passed the tariff down to their consumers, and also collected the 20% as a cash payment to juice the bottom line.

More common though would be simply a way to help defray some costs and provide certainty.

NetMageSCW•14m ago
I really hope those companies that passed the tariff to consumers are required to refund the increase to those same consumers, regardless of whether they sold their refund or not.
vincnetas•1h ago
i guess there would be much more initiative for Lutnik not to refund (ignore courts order, or drag them out like in other cases) if no one would have sold their rights to refund.
jacquesm•1h ago
It's not smart, it's extortion by someone connected to the state and self dealing.

If you think this is smart then you may as well go around clubbing old ladies over their heads, as long as you don't get caught it's like free money right?

The alternative is not to forbid companies from selling those rights, the alternative is to undo this deal and pay the whole amount back to those that originally forked it over and who needed to sell these 'rights' in order to keep their companies alive.

gruez•1h ago
>It's not smart, it's extortion by someone connected to the state and self dealing.

Where's the extortion? The "it's a nice shop you got there..." racket only works if you can strongly influence whether the damages occur (ie. you tell your goons to attack the shop, or not). So far as I can tell however, that's not the case, because Trump wanted the tariffs to stay, and was sad that they got revoked. Going back to the mob analogy, it would be like if the mob boss asked for protection money, the goons didn't damage the shop, the mob boss was sad that the shop didn't get damaged, and then went to to find some other way to damage the shop (ie. section 122 tariffs).

jacquesm•1h ago
You think businesses as a rule can all survive a 15 to 100% surcharge on their products without running into liquidity issues?
bluGill•1h ago
Those are a sunk cost at this point though. The business likely is better off having sold and got the money now - vs risking they will never get a refund.
gruez•1h ago
The stocks of major retailers haven't cratered, so maybe? You're going to have to present some figures rather than just asking rhetorical questions.
jacquesm•1h ago
You have to present figures when you're arguing the hard-to-prove side of something not when it's plain obvious that business are not in a position to deal with such shocks in the market without having to reach for capital. This is not normal. Typical operating margins of business is anywhere from 5 to 20% with outliers in the digital domain but that's not the part that we are talking about here.

Anyway, you want figures, well, here are some figures:

https://marketrealist.com/why-did-700-bu/

I'm sure there are other sources, better ones, worse ones but they all tell roughly the same story: willy nilly tarrifs have a negative effect on one's ability to operate a business. Businesses like predictable, stable climates to operate in.

NetMageSCW•15m ago
There’s a long way from businesses like predictable stable climates (and that ship has long sailed) and business won’t survive. There’s no reason to believe the latter is true.
AnimalMuppet•1h ago
Self-dealing by someone connected to the state, yes. Extortion, no.

It takes a fair amount of money to take a court case to the Supreme Court. You can pay it all (and still maybe lose), or you can let the law firm have part of what you win. This happens all the time in the US legal system. It's not extortion; it's essentially venture funding by the law firm. (Yes, I'm aware of the pattern in the previous sentence, but I'm in fact a human, and not even LLM-assisted.) If the company doesn't want to play that way, they don't have to. They can pay the full cost of the lawsuit themselves.

arethuza•51m ago
Litigation funding is essentially just another asset class for investors:

https://thehedgefundjournal.com/the-emerging-market-for-liti...

koolba•1h ago
How is it extortion? They could have gotten a different deal from anybody else or no deal at all. Nobody was twisting there arm or forcing them to deal with this one company to sell their tariff claims.
matthewdgreen•1h ago
If two companies come to you with an offer to sell the refunds, and one has strong ties to a central figure in the administration — which can, in the future, subject or exempt you from new tariffs and otherwise use the Federal government’s powers to mess with you - are you truly free to choose either offer? Or is there a risk and a benefit to taking the one that’s tied to the administration? (And frankly, can you even be certain either way?) This kind of conflict (even the appearance of this kind of conflict) is why we generally don’t want government officials or their families to be profiting directly off the policies they oversee. It is at best unseemly, and that’s being kind.
koolba•1h ago
> If two companies come to you with an offer to sell the refunds, and one has strong ties to a central figure in the administration — which can, in the future, subject or exempt you from new tariffs and otherwise use the Federal government’s powers to mess with you - are you truly free to choose either offer?

Yes, because tariffs, like all taxes in the USA, are not imposed on individual people or entities. They’re on industries and specific materials.

If a company truly thought the chance of winning was low and needed the money now, they would pick the best offer. Regardless of who is making it.

krsw•42m ago
This is basically the government doing a protection racket. I swear, the amount of neoliberals in here lauding the move is a recession indicator. Did we all forget what corruption is?
coldpie•1h ago
> It’s a matter of implementation though. How would you refund so many people?

This was the point of the tariffs, wasn't it? The White House now has a $130B slush fund to distribute more or less however they want, with no accountability because accountability is by-design impossible. Sure maybe half of it will go where it ought to as a fig leaf, but a very large chunk of that cash will be making its way to Trump's loyalty crew.

magicalhippo•1h ago
> The White House now has a $130B slush fund to distribute more or less however they want, with no accountability because accountability is by-design impossible.

The government knows exactly who paid what in duties, otherwise they couldn't tell if you were trying to avoid duties.

So they know exactly who to pay back and how much.

coldpie•1h ago
> The government knows exactly who paid what in duties

No, they have a record of who handed the money over to the government. This does not tell you who paid the duties. There's going to be a whole lot of Trump toadies & business owners in the chain, siphoning cash from refunds before they work their way back to the people who actually paid them. And that's not even getting into the open corruption & fraud that will be happening as part of this as well.

magicalhippo•55m ago
> No, they have a record of who handed the money over to the government. This does not tell you who paid the duties.

The entity that handed over the money to the government is the entity that paid the duties, and is the one the government must refund.

If an entity has passed those costs on does not change that, and does not turn the 130B into a slush fund.

However I agree that consumers will be likely be royally screwed by this debacle, that much was obvious from the start.

coldpie•45m ago
If the government charges the importer $20 and the importer charges me $20, then I am in effect the one who paid the duty. If the refund goes to the importer, and it does not come back to me, then the government and the importer have colluded to rob me of $20. This isn't an accident, the owners of the import companies who will benefit from this theft were almost certainly all Trump supporters.

In reality, half of the funds will go to that. Maybe even some tiny portion of it will genuinely make its way back to the people who actually paid the duties. This is the fig leaf to which I referred. The other half will go to Trump toadies in the form of "mistakes," fraud, corruption, skimming, unclaimed funds, etc. This is the slush fund to which I referred.

In the end, all of it is going to Trump toadies. It's a $130B transfer of wealth to Trump's financial backers.

hermanzegerman•1h ago
It's enriching himself on the taxpayers expense.

Or would you trust someone on advising you, that has a pretty huge financial interest in proposing you policies that will fail because they are illegal?

NetMageSCW•13m ago
What evidence do you have that those tariffs were proposed by him?
UncleMeat•1h ago
Imagine instead if the government didn't do the illegal thing in the first place. Or if the supreme court had not intervened on the initial stay of the tariffs to allow them to go into place while the suit proceeded.

The fact that businesses were put in a position to make this choice is outrageous in the first place.

nkohari•1h ago
I don't think anyone is disagreeing it's a shrewd decision by the corporations, just that it shouldn't benefit the Secretary of Commerce. We're a long way from having to put your peanut farm in a blind trust to avoid the perception of corruption.
izacus•1h ago
Calling outright corruption at the expense of citizens as "smart" is quite a statement of morality O.o
pocksuppet•18m ago
In this economy, morality is dead. There is only profit extraction.
petcat•1h ago
Is it insider trading to bet on a Supreme Court verdict? It's not like it was a slam dunk. The decision was 6-3.
indoordin0saur•1h ago
Yeah, because he's the son of the commerce secretary, so (supposedly) has access to the internal deliberations within the government.
petcat•1h ago
You're saying that he had access to all of the Supreme Court Justices' chambers?
indoordin0saur•1h ago
You don't need to have access to everything for it to be insider trading, just more than the general public. Lutnick would know what case they are making to the court, perhaps the confidence of the attorneys in winning as well as information on how the case was going.
parineum•55m ago
All of that is based on public knowledge, including the confidence of attorneys.
tacticalturtle•24m ago
Supreme Court transcripts of arguments are posted to supreme court.gov the same day the arguments are made:

https://www.supremecourt.gov/oral_arguments/argument_transcr...

There’s no secret sauce here - their guess as to how the case is going is as good as any outside observer, and based on the questions made by the justices.

danielmarkbruce•1h ago
No, because "the government" isn't one blob. The court system is separate from the administration. And the supreme court justices aren't giving the internal deliberations to someone in the administration, especially when the administration is one of the parties in the case.
mothballed•1h ago
.... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs? Even FDR knew the 'separation' was a farce, that's how he magically got the court to go along with progressive programs they prior didn't support, after the 'Switch in time that saved nine.'

SCOTUS largely functions as a post-facto legitimization machine for those that appoint them. They do not interpret the constitution so much as serve as god-people in funny costumes that provide the cultural message from god that the actions of their political persuasion were legal (or illegal) even in cases where a historical and literal reading of the constitution would otherwise find you with no way to find them legitimate if not for man in black robe say so.

------ re: "2 of 3" below due to throttling--------

A vote to refund here was not a vote against the admin, it was a vote to simplify the laundering of the tax. It was a vote to put the money straight into the coffers of admin insiders like Lutnick et al financial engineering scheme. Meanhwile it did not invalidate tariffs, as Trump immediately pivoted to a different tariff structure.

As a second note, the profit here was actually not dependent nearly as much on the vote as the insider information. The fact the best any rebuttal can come up with is the vote might have been 'wrong' is basically totally defaulting to the insider trading element which means you are totally yielding the underlying premise.

That is, the only 'vote' against the admin in this case would be one that went against their insider information. Failure to note this is how the justices and admin have swindled you and the public. The very posing of this comment of rayiner et al reveals how they tricked you.

rayiner•1h ago
But 2 of those 3 voted against Trump! And 2 of the ones who voted for him were nominated by a free-trader republican.
parineum•56m ago
> .... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?

Following that logic, it make sense that those 3 voted with the administration.

Oh wait...

mothballed•54m ago
I don't see how a vote against is a vote against the administration. The whole point here is their corruption machine profited more off the justices voting against the tariff and for refunds. The tariffs were a mechanism to feign a tax for public purpose but then 'refund' them turning it into a tax to private business and Lutnick's financial engineering. Funneling the money straight into corrupt private enterprise via 'refund' is even easier for Trump than having to launder it through public coffers.

The key is whether they had insider information given their association with these justices.

danielmarkbruce•43m ago
>> SCOTUS largely functions as a post-facto legitimization machine for those that appoint them. They do not interpret the constitution so much as serve as god-people in funny costumes that provide the cultural message from god that the actions of their political persuasion were legal (or illegal) even in cases where a historical and literal reading of the constitution would otherwise find you with no way to find them legitimate if not for man in black robe say so.

You keep changing what you are saying.

irishcoffee•53m ago
> 3 of the justices were nominated by Trump.

You can blame RBG for one of those. It fascinates me that Biden made the same mistake RBG did, I’ll always wonder how different the would would be if she had stepped down and the democratic party had held a real primary.

I don’t like trump, I think he stinks. The democratic party has a few own-goals in this current game.

petcat•29m ago
I can't blame Ginsurg. She was still capable of performing her duties even at the end. She resisted an overtly political retirement and it wasn't even clear if a compatible replacement would be confirmed even if she did retire early.

It's unfortunate how it went, but I respect her decision.

andsoitis•25m ago
You don’t think her ego got in the way?
rayiner•29m ago
> I don’t like trump, I think he stinks. The democratic party has a few own-goals in this current game.

You guys should have nominated Amy Klobuchar as VP so you had a credible backup when it became apparent that Biden was too old to run again. That’s a mistake that’s going to continue holding you back, since Biden made South Carolina the first primary state: https://www.masslive.com/politics/2025/06/2028-dem-frontrunn....

As Obama said, “never underestimate Joe’s ability to fuck things up.”

irishcoffee•20m ago
I don’t have a “you guys” :)
expedition32•26m ago
Important to note that Republican does not automatically mean "Trumpist".

Ofcourse most American politicians are pathetic losers who immediately cave but judges are generally people who are used to dealing with thugs.

And if you ever wondered why judges cannot be fired by the Executive branch now you know.

gruez•53m ago
>.... what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?

Given that the 2/3 justices appointed by Trump voted against the tariffs, what's the implication here? That Trump deliberately picked anti-tariff justices just so he can engage in a rube goldberg plan to enact tariffs, buy tariff refunds on the cheap, and then have them revoked?

mothballed•50m ago
Trump can profit either way, the key is the insider knowledge to bet for or against them. Admin insiders financially engineered where they profited from refunds.

Any vote towards what the insider information pointed to was a vote 'for' the admin as they had financially engineered their winnings based on that. And meanwhile Trump immediately turned to a new tariff structure. The vote they gave was the strongest vote in favor of the admin insiders they could have given, and meanwhile didn't actually stop Trump from continuing on with the scheme.

jcranmer•3m ago
> what? 3 of the justices were nominated by Trump. You think the people appointing them didn't have internal deliberations before they were appointed, including about things Trump had thought about like tariffs?

They were nominated in Trump's first term, which had a very qualitatively different cabinet assembled around Trump, one much less focused on sycophancy and pleasing Trump. I don't think anybody in Trump's cabinet 6 years ago was thinking about the potential powers a president had in being able to change tariffs based on how he felt waking up in the morning, much less interrogation of judicial candidates based on how willing they were to go along with that.

kowalej•1h ago
I'm shocked you can't see how this is a potential conflict of interest. You don't need to know the exact outcome of the SC decision to have confidence that things will land in your favor. There are certainly all kinds of high level discussions with legal experts in the White House that could have hinted this outcome as likely. The real question is whether there's any personal involvement still with Cantor or this was something launched without influence. If there was influence though, there will of course be denials and bold-face lying (just like with the Epstein involvement).
spamizbad•1h ago
You don't need a crystal ball to understand a conservative supreme court would require the government to refund what amounts to an illegal tax on American businesses. If you stick your hand into a fire you don't need to speculate as to whether you'll get burned.
rayiner•1h ago
And the en banc appellate court decision was split 7-4, with two republican and two democratic appointees voting to uphold the tariffs.

This was a very complex decision that ideologically divided the courts.

gruez•1h ago
>Now they stand to make huge returns of 3 to 5x for being correct on that bet

...assuming they held those rights on their books, rather than selling it off to other hedge funds.

energy123•1h ago
For it to be insider trading, he would have had to have access to private information from the Supreme Court, which seems unlikely.
jacquesm•1h ago
Why is that unlikely? It would seem to be a very easy thing to accomplish. For instance, he could just ask.
gruez•1h ago
>For instance, he could just ask.

Or just pay attention to the oral arguments. The justices seemed very skeptical of the Trump administration, and betting markets reacted accordingly.

seanmcdirmid•1h ago
They could have used inside government legal analysis that other people didnt have. You could have predicted this with higher certainty if you knew the justices well enough.
NetMageSCW•17m ago
Coulda woulda shoulda.

They could have just been smarter than average and found an angle others didn’t see that paid off for them.

NickC25•1h ago
You forgot to mention that Mr. Lutnik is also a close personal friend of a pedophile-turned-Mossad-agent-turned-pedophile named Jeffrey Epstein and visited his island. Mr. Lutnik deliberately and purposefully lied to congress about it, and faced no charges for lying to congress.

In a just world, someone like that would be jailed indefinitely and made to publicly take stand about his activities, and called out to his face during depositions about his lies.

rootusrootus•1h ago
Yeah that’s never going to happen. Nobody in this administration will ever be under oath on the topic. Now they suddenly think Slick Willie is trustworthy because he said he had know knowledge of Trump doing anything wrong. What a world.
snowwrestler•1h ago
Could you go into detail about what you think happened? The tariffs were public knowledge, and the suits to invalidate them were public knowledge. Are you saying you think the Supreme Court justices secretly communicated to the Commerce Secretary how they intended to rule on the case, far in advance of publishing their ruling?
wutwutwat•1h ago
That would be insane. That would mean people in the government talk to each other and also that they have conversations or make deals behind closed doors or that one or god forbid all of them are corrupt, which is utter nonsense!

Probably just a good guess. At least it wasn't based on intimate knowledge of things based on being in a position extremely close to everyone involved in all of it. Sheesh.

myrmidon•1h ago
I'll turn this around: Do you think it is acceptable for policymakers, lawmakers or people involved in such a process to reap profits more or less directly with (partially non-public) knowledge they've acquired?

Because I think not. And I feel pretty strongly about this. The conflict of interest is so glaringly obvious that it should be completely self-evident why every voter should want to prevent, ban and punish any such action.

I feel that anyone involved in this tariff insurance business should be able to prove without a shadow of doubt that they had no political insider knowledge about the whole thing, and I'm extremely skeptical that this is the case (just from the pople involved alone!).

irishcoffee•50m ago
You mean these policymakers?

“ House kills effort to release all congressional sexual misconduct and harassment reports”

https://www.nbcnews.com/politics/congress/house-kills-effort...

myrmidon•16m ago
Yes?

I frankly do not understand your argument: "Some policymakers are sleazy (yes?), so it should be fine for all of them to leverage influence/access into personal gain" (?!)

This does not make sense to me.

NetMageSCW•19m ago
>with (partially non-public) knowledge they've acquired

What partially non-public information did he have? Be specific.

lowercased•1h ago
might not be 'insider trading' with respect to the court decision, but Lutnick had influence with the president and could affect tariffs being paid by the various companies who were squeezed in to considering selling (or actually selling) their tariff refund rights. And tariffs changed many times over months, so... looking at what companies actually sold to CF might reveal some patterns that raise eyebrows. But nothing will be done about it.
rayiner•1h ago
Cantor Fitzgerald is sleezy, but you’ve got the reason wrong. They’re sleezy because they bet against the administration.

But it’s not “insider trading.” They didn’t have insider information on how the courts were going to rule—especially where it was a 6-3 split with three conservatives siding against the administration. And a split in the appellate court as well, with two republican and two democrat appointees siding for the administration.

And Cantor had nothing to do with imposing these tariffs in the first place. Trump loves tariffs. He has been wanting to do these tariffs since the 1980s. He imposed tariffs in his first term and campaigned on imposing them now.

So you’re taking a story about Cantor Fitzgerald displaying disloyalty to Trump and trying to turn it into a “corruption” story that makes no sense.

Supermancho•1h ago
This is collusion between the offices of POTUS, SCOTUS, and corporate friends that looks like insider trading, from a zoomed in lens.
dmix•43m ago
You're saying Trump doesn't want tariffs? And the SCOTUS judges who went on record supporting executive powers to tariff was all just a big insider trading scam? And corporations were willing to risk a hundred of billions in tariffs fees on the odds it might get refunded just because some finance company might get a small cut of refunds?
Supermancho•22m ago
To clarify, POTUS being short for the group POTUS in-crowd of the actual POTUS and cabinet, who act in sync.

I'm saying the public tide shifted and the legal reality set in that they weren't going to get sympathetic rulings...which they don't care about anyway since it's not their money and the tariff threats already had any desired effects sought.

POTUS was floated the idea that they could enrich themselves, so the decision was made, communicated to the Secretary of Commerce and to the SCOTUS judges.

> And corporations were willing to risk a hundred of billions in tariffs fees on the odds it might get refunded just because some finance company might get a small cut of refunds?

Nothing to do with them. Narcissists don't worry about the future of others, except as a narrative to sell their personal ambitions.

Some people don't believe the administration is that flippant. I think it's obvious they are having fun.

NetMageSCW•10m ago
Quite an imagination you have there. Too bad it doesn’t intersect with reality.
danielmarkbruce•1h ago
This is wrong. It's not insider trading. Lutnick didn't have inside information. His son just had a brain. Anyone who read the case knew which way the court was going, it was the least surprising decision ever. Perhaps the only surprising thing is that the court ever heard it.
seydor•1h ago
is it not a conflict of interest if you facilitate the legislation of tarrifs that you knew are illegal?
danielmarkbruce•1h ago
No, it's not a conflict of interest. It's perhaps dumb, or morally bad, or several other things.
rayiner•1h ago
It’s sleazy because Lutnick’s son bet against the administration Lutnick was in, and against one of Trump’s signature policies. I’d be furious if I was Trump.
leviathant•9m ago
You're upsetting the kind of people who leave their shopping carts in the parking lot instead of putting them away when they're done.
cj•1h ago
> dumb, or morally bad

This is easy to say in hindsight. There was a non-zero chance the decision could have went the other way. Also, companies aren't stupid. They don't buy insurance against things that are impossible.

And the supreme court doesn't hear cases that are 100% obviously illegal.

danielmarkbruce•58m ago
It was non-zero but close to zero.

Companies don't want to deal with the headache for many things. It's not a given over what time horizon and how much work is involved to get the refund. It's totally sensible to sell the claim for 70 cents on the dollar for example.

The supreme court absolutely hears cases that are obvious. They do it for several reasons - to create clarity, to narrow scope, to set a very clear precedent, and other reasons.

rayiner•47m ago
It wasn’t “close to zero.” The Supreme Court split 6-3, with two Trump appointees voting against him. And the Federal Circuit, which is the most boring appellate court and not political at all, split 7-4, with two democratic appointees and two republican appointees voting to uphold the tariffs.

This was a case that split both the liberal and conservative blocs. Obama’s former SG, Neal Katyal, went up there and argued for limiting presidential power over the economy. One of the justices quipped about the irony of Katyal’s major contribution to jurisprudence being revitalization of non-delegation doctrine, which has always been a conservative focus.

danielmarkbruce•32m ago
Did you read the ruling? Read Clarence Thomas's dissent. It's not clear if he actually thinks what he wrote, or he just voted that way so he could write a dissent and make a strange legal point which probably doesn't carry water but sort of maybe could one day maybe.

If it were close, I think he would have voted the other way. The folks on the court appear extremely inclined to take the other side on things just as a mental exercise, or to be able to write something on the record that they find interesting.

It was close to zero.

rayiner•15m ago
Did you read the ruling? And the appellate court decision below?

Thomas joined fully with Kavanaugh’s dissent. He wrote separately to articulate his view of the scope of non-delegation doctrine. He pointed out tariffs and taxes are different, in that tariffs implicate international relations, which is primarily within the province of the president. His analysis is extremely cogent. I was actually talking with my wife (we’re both Fed Soc people) that the administration should have pushed that angle much harder in the argument.

Did you read the Federal Circuit en banc decision? You don’t get two Obama appointees to vote in favor of the Trump’s administrations unprecedented tariffs when the legal issue “isn’t close.”

jcranmer•14m ago
> And the supreme court doesn't hear cases that are 100% obviously illegal.

There is an argument in about two months' time as to whether or not the Birthright Citizenship clause of the 14th Amendment actually guarantees birthright citizenship in the US. There is no serious legal argument in favor of the interpretation being advanced by the Trump administration, that it does not. And yet here we are.

PaulDavisThe1st•12m ago
They weren't buying insurance. There's no insurance payout for the companies. They got a small amount of money in hand, and lost the chance to reclaim any of the tariff refund. That isn't insurance.

Also, the SCOTUS is not a criminal court, it is a constitutional court. If a case is heard there, both sides have not agreed on "obvious illegality". That is unsuprising since in general one side (in this case, the administrative branch of the US Government) is being accused of illegal behavior - when it comes to constitutional rather than criminal questions, most parties do not just accept their guilt, but push as far as they can towards exoneration.

Frequently, however to everybody else, the case concerns obvious illegality.

gruez•1h ago
>if you facilitate the legislation of tarrifs that you knew are illegal?

Did they know it was illegal? Any more than say, the Biden administration "knew" that forgiving student loans were illegal?

anon7000•49m ago
They literally spent a decent chunk of money spinning up a line of business that could only make money if the tariffs were illegal.
hammock•28m ago
So insurance is bad now
PaulDavisThe1st•14m ago
Insurance company deal: if you pay us $X now, and then Y happens, we will make you whole, even though that cost may very well exceed $X.

Lutnick deal: we pay you $X' now, and if Y' happens, we collect everything which will substantively exceed $X'.

This is not insurance, its closer to shorting stocks.

Oh, one other thing: the insurance company has essentially nothing to do with Y at all, in the sense that they have no control over Y and generally speaking no involvement in it (think: accidents, floods, storms, fires). By contrast Lutnick is the Secretary of Commerce of the United States of America.

nkassis•39m ago
That's not really the comparable here, you need to find a person with vested interest in the outcome of the student loan forgiveness program.* Someone that was working within the agency responsible for the program and actively was in the discussions where the legality was discussed. Then made a scheme to financially get rewarded. Not only that used his son as a way to create the illusion of separation.

* And not just a borrower that wouldn't be anywhere similar to this level of conflict.

seydor•38m ago
even if they were not sure 100%, the fact that introducing the legislation is connected to him making money is a conflict of interest.
philipov•1h ago
In the business, even the appearance of impropriety is damaging. People who work in finance aren't allowed to trade the same stocks as their company is trading, whether they have any inside info or not. The assumption is that simply by being close to a source of information, you are compromised. The same restrictions should apply to those close to government. By being family, he is compromised by default.
lenerdenator•1h ago
> In the business, even the appearance of impropriety is damaging.

It was damaging.

In 2015.

And then for a bit between 2021 and 2024.

Now it's not again.

You have to enforce these sorts of gentlemen's agreements. Just saying "it's damaging" isn't enough to actually make it damaging.

danielmarkbruce•1h ago
Wrong. People who work in finance (I spent years there) are allowed to trade stocks their company is trading. There is a process to get approval. The equities division at an IB might be trading every single name in the S&P500. If you sit in the investment banking division and that division isn't doing anything related to a name, you are likely to get approval.

In this case, the idea that Cantor can't do something because the former head is now in a government job is crazy. No one "in the business" thinks Cantor is suddenly hobbled.

gruez•1h ago
>People who work in finance aren't allowed to trade the same stocks as their company is trading, whether they have any inside info or not

But the supreme court is a separate branch of government from the executive, so the analogy doesn't really hold. To claim otherwise would require Lutnick playing some 4d chess where he's publicly pro tariffs, but secretly anti-tariffs and was sandbagging the government's legal defense (can he even do that?), all the while not tipping Trump or the MAGA base off for being disloyal.

thisisit•1h ago
You mean the guy who kept talking about bringing back jobs to US - jobs requiring Americans to screw iPhone parts - wasn't debating in bad faith, like you are doing here? I am shocked, I tell you. I am really shocked.
raincole•57m ago
It's not insider trading, but surely it's a conflict of interesting? If you ignore all the specific name calling, isn't it still quite wrong that one minister can financially bet against the administration?
andsoitis•28m ago
> isn't it still quite wrong that one minister can financially bet against the administration?

Why?

rayiner•54m ago
What’s happening is that the deal stinks, and people aren’t precisely analyzing exactly why it stinks so they’re just using it to confirm their priors.

The deal stinks because Cantor bet against the administration that its former head is a part of, and against the signature policy of the president its former head serves.

burkaman•52m ago
He presumably did not have access to the court's opinion before it was released, but he did have access to internal White House legal opinions before the tariffs were announced ("Mr. President this is illegal and very likely to be overturned by the courts"), and he obviously had access to the entire federal legal team during the court cases.

I can't prove that there was any White House advisory memo before the tariffs were announced, but hypothetically, would this not be considered material nonpublic information? It seems the same as a corporate insider dumping stock because a company lawyer privately told them "we're definitely going to lose this case".

phkahler•47m ago
So a Whitehouse insider is going to get a bunch of tarrif refund money?
danielmarkbruce•47m ago
White House legal opinions aren't any better than other legal opinions. Opinions are not "information".
dboreham•7m ago
The Lebowski conjecture.
gruez•45m ago
>I can't prove that there was any White House advisory memo before the tariffs were announced, but hypothetically, would this not be considered material nonpublic information?

Was the hypothetical "White House advisory memo" produced using any proprietary information? If not, why should it be any different than if I hired a bunch of top lawyers to produce a private report for me?

mandevil•27m ago
Because this hypothetical memo was paid for by our tax dollars, not your own private money! That means it belongs to the American people, not individuals for their private gain. Using it for your own gain would be theft from the American public.

In this hypothetical case, of course. There is no evidence that such a memo exists. But if it did...

airstrike•20m ago
A travesty, to be sure, but not insider trading.
jMyles•19m ago
> That means it belongs to the American people, not individuals for their private gain.

This is a strong case that there ought not to be any such thing as a secret opinion or confidential advice from the White House OLC - and I agree with that opinion if that's what you're saying.

But it doesn't transform the information contained therein to nonpublic.

I'm not saying this whole thing wasn't a total scumbag move - it was - but it's not quite the same crime as insider trading.

Ajakks•5m ago
What a week argument - your still making excuses for this nonsense. Ridiculous.
burkaman•4m ago
Yes, because it was produced by the same people that are going to argue the case in court. You can hire the best lawyers in the world but they will still have to speculate on what arguments the government is going to make, and whether there are confidential communications showing evidence that there was some consistent rational justification for the tariffs and not just the president's public posts that leader X was mean to him on the phone so he imposed a tariff.
rayiner•36m ago
You’re piling speculation on speculation. First of all, there was no such memo saying the tariffs were “very likely to be overturned.” The Supreme Court decision was 7-3, with two Bush appointees voting to uphold the tariffs. The appellate court decision was 7-4, with two Obama appointees and two Bush appointees dissenting. Second of all, there is no evidence that this legal analysis was leaked to Cantor.
insane_dreamer•43m ago
Technically it might not be "insider trading" since most information (we assume) was public knowledge.

But members of the government being able to trade on matters of government policy is exactly how government corruption works. Previous administrations understood this was important to prevent (Carter putting his peanut farm in a blind trust, the Bush's did the same) but now Trump has made clear corruption is just totally fine (why else become president or a government official).

reactordev•34m ago
Divestiture applies to the household.
khy•28m ago
Could this open Cantor Fitzgerald up to class action law suits from consumers who ultimately paid the refunded tariffs?
dboreham•6m ago
Doubtful since any sane person knew the tariffs were not legal and would eventually be overturned.
jstummbillig•21m ago
Cool! How much money did you yourself make on this (given that it was entirely obvious, and not leveraging knowledge seems silly)?
baq•16m ago
such hopeful naivety was passable early 2025. having seen 1% of the epstein files, you'd have to be acting in bad faith to say there was no collusion.
behringer•13m ago
Yeah it's not insider trading. It's just that someone on the inside engaged in trade... Cmon guys you know there's a difference!
jmyeet•1h ago
Cantor Fitzgerald lost most of its staff in the World Trade Center on 9/11. Lutnick sued American Airlines, eventually settling for $135 million [1]. He claimed this would largely go to the family of hte victims.

Turns out most (if not all) of it went to the senior executive team, wtih himself being the primary beneficiary [2].

This is also the same Howard Lutnick who the DoJ accidentally released a photo of with Jeffrey Epstein [3]. People noticed and they removed it. People noticed that too so they restored it.

Just so we're all clear who Howard Lutnick is.

[1]: https://www.reuters.com/article/busine.ss/judge-approves-ame...

[2]: https://x.com/FinanceLancelot/status/2022877480516813077

[3]: https://www.theguardian.com/us-news/2026/feb/27/howard-lutni...

GaryBluto•1h ago
> Now if this isn't insider trading [...], I don't know what is.

Correct.

mrwh•1h ago
The executive class are out to get as much as they can as quickly as they can while the music plays, then retire to whatever luxury boltholt they can prepare. It's FIRE with private islands, and without even a figleaf of noblesse oblige any more.
gruez•59m ago
>The executive class are out to get as much as they can [...]

This is just hollow populist anti-elite rhetoric. Who do you think sold them the tariff refunds? They're not buying them from granny who didn't know any better. They bought it from other executives who knew, or at least ought to know what was at stake.

bcrosby95•41m ago
Lol. Granny paid for the tarrif then the refund was sold by an elite to an elite for 20 cents on the dollar.

Everyone wins except granny.

To be fair, I think some companies didn't raise prices because they thought they would be overturned.

tencentshill•24m ago
Worse. They tend to stick around due to their inability to stop taking until they die.
semiquaver•55m ago

  > Now if this isn't insider trading (by the literal Commerce Secretary), I don't know what is.
I agree that you don’t know what insider trading is.
bell-cot•53m ago
> ...bought the rights to their potential tariff refunds for 20% of the value...

So - with umpteen $billion on the line, and all the big-shot lobbyists and Washington insiders and experts that all those huge companies had on payroll to advise them - they decided to sell at 20 cents on the dollar.

Theory: When the far-smarter-than-us money bets big, they might know the actual odds.

leggerss•50m ago
This type of financialization should be illegal
NetMageSCW•18m ago
Based on what?
hammock•33m ago
Source? I saw this claim going around but the one actual source supporting the claim was more like “we have the cash to buy them if folks are willing to sell them” and didn’t go any further than that.

Via Newsweek, Cantor Fitzgerald has affirmed it “never executed any transactions or taken risk on the legality of tariffs.”

https://www.newsweek.com/howard-lutnick-sons-may-make-money-...

happyopossum•26m ago
You've been sucked in by an online lie and are spreading it as fact:

"Amid online claims Commerce Secretary Howard Lutnick’s sons, Brandon and Kyle Lutnick, senior executives at Cantor Fitzgerald, could benefit from the Supreme Court’s tariff ruling, a firm spokesperson told Newsweek it has “never executed any transactions or taken risk on the legality of tariffs.""

[0] https://www.newsweek.com/howard-lutnick-sons-may-make-money-...

nyeah•25m ago
That's some third-world shit.
beeforpork•22m ago
> while, of course, consumers get nothing

This would have been the case no mattern what.

SilverElfin•17m ago
It’s not that surprising. The entire tariff saga was one trading opportunity after another for insiders who knew which announcements were going to come out.

Lutnick is a particularly corrupt individual though. He’s in the Epstein files like Trump and Musk and Thiel. But he also took over Cantor by suing the widow of Cantor after his death. And now he hands the company to children and has no shame about openly nepotistical decisions like this.

phillipharris•16m ago
But... who would make a bet with a counterparty like that? Hello, I'm a trump administration insider, here to make a bet with you about the future of one of Trump's policies. You'd have to be pretty stupid.
mustyoshi•3m ago
Just about everyone on the left has been saying these tariffs were illegal since day one.

It's not insider trading that they acted on that consensus.

NickC25•1h ago
Private businesses get refunded and a payday, prices for the consumer stay high (because consumers have proven that they can bear them), and inflation goes up.

Clearly, this makes America great again. /s

ranger_danger•1h ago
What if lowering prices actually resulted in enough extra sales that it provided more profit?
mattas•1h ago
I wonder if brands will have a "tariff refund" sale. Make everything 20% off until all of the brand's tariff refund is passed on to customers. Of course, this wouldn't help the customers that already paid the tariff but it could be a good marketing ploy.
bryant•1h ago
Much more interesting would be if the tariffs were refunded equally to each person nationwide (interesting in that it very clearly then becomes an income redistribution scheme, even if on a limited basis).

Possibly a refund of about $500 per social security number. Doesn't even have to be in cash, could just directly go towards the social security fund if legislated that way.

Tons of ways to fix this quagmire in a way that's beneficial to people. But it won't happen.

nubinetwork•51m ago
Related https://news.ycombinator.com/item?id=47183719
jerf•1h ago
None of this matters; this is guaranteed to go to the Supreme Court. Too much money, too much precedent. The only thing being established now is the battleground as the procedure of getting up to the Supreme Court. The actual rulings on the way up to the Supreme Court are of minimal consequence.
jtbayly•1h ago
The Supreme Court already invalidated the tariffs. That’s the context of this order (and the subtitle of the article).
abcd_f•1h ago
But they didn't say anything about refunding them and you can bet Trump will oppose that and ask the SCOTUS to decide on it. They of course have an option to take their time to render the decision and then just dismiss the case without a comment.

That's what the GP likely meant.

The circus must go on.

AnimalMuppet•1h ago
But (IIRC) the Supreme Court did not order that the tariffs be refunded. They left that issue open in their decision. So jerf may well be right.
jerf•1h ago
As sibling says, the Court very definitely did not order them to refund anything. They could have, and they didn't. The Court knew from the beginning that this was coming back to them.

You may see other judges rule that the refunds don't have to be paid, for any of several reasons. Whatever your desired outcome is, none of it matters until this gets to the Supreme Court. Given the nature of money, it doesn't even matter if some higher court refuses to give an injunction against the refunds being issued until after the appeal is considered and some set of refunds goes all the way through... no company that gets any money from a pre-SC refund can really use it until the entire matter is resolved at the SC level.

aw1621107•22m ago
> As sibling says, the Court very definitely did not order them to refund anything.

> You may see other judges rule that the refunds don't have to be paid, for any of several reasons.

I think the government might have a bit of an uphill battle given arguments they have previously made to courts. For example, consider this decision from the US Court of International Trade from 2025-12 [0]:

> However, as the Government notes in its response to Plaintiffs’ motion for a preliminary injunction here, it “[has] made very clear—both in this case and in related cases—that [it] will not object to the [c]ourt ordering reliquidation of plaintiffs’ entries subject to the challenged IEEPA duties if such duties are found to be unlawful.”

> <snip>

> Judicial estoppel would prevent the Government from taking an inconsistent approach after a final result in V.O.S. [] The Government has emphasized this point itself, citing to Sumecht NA, Inc. v. United States, which holds that “the Government would be judicially estopped from taking a contrary position” regarding a prior representation involving the availability of relief in the form of reliquidation. [] Having convinced this court to accept that importers who paid IEEPA tariffs will be able to receive refunds after reliquidation, and having benefited from the court’s subsequent conclusion that importers will not experience irreparable harm as a consequence of liquidation, the Government cannot later “assume a contrary position” to argue that refunds are not available after liquidation.

> <snip>

> Additionally, the panel in In re Section 301 Cases unanimously agreed—as we do now—that the USCIT has “the explicit power to order reliquidation and refunds where the government has unlawfully exacted duties.” [] The Government acknowledges that “a decision [to the contrary] would be inconsistent with years of [the court’s] precedent.”

Obviously all this doesn't prevent the government from appealing anyways, but they'll need to get creative to get around their previous representations.

[0]: https://www.cit.uscourts.gov/sites/cit/files/25-154.pdf

jlarocco•22m ago
They didn't have to rule on it because there's already precedent that tariffs that shouldn't have been collected have to be repaid.
HardCodedBias•37m ago
The actual question is if Eaton overstepped his authority in this ruling.

Instead of ruling narrowly that named plaintiffs would get a refund

Eaton expressly said:

"all importers of record" which is all who were subject to the IEEPA duties.

It is unclear if this is lawful.

He didn't have to do this at all. He could stuck with tradition here. He specifies why he did it in this case, but this opens the door.

Also note that he did not open the door to "final liquidations" getting refunds (it is unclear how many tariffs more than 180 days ago were not officially protested).

throwaway667555•1h ago
I'm gonna have a stroke. The Congressional Budget Office found that consumers paid 70-80% of the tariffs, totaling more than $1000 per household. Where is my refund?
dionian•1h ago
same place where your refund is for congress rolling out 10%+ inflation for years and now your dollar is worth less. its theft actually
jonlucc•1h ago
In practice, the entities who gave money directly to the US government are the ones who paid the tariff. Those entities should be pressured to refund the consumers, but in practice, that's unlikely.

I (unknowingly) ordered something on Etsy from another country. UPS delivered the items, then sent me a letter requiring I pay the tariff and an extra tariff handling fee. UPS paid the government, so UPS should get their money back from the government, then refund me. I'm not holding my breath.

throwaway667555•1h ago
Economically it is a direct redistribution of wealth. In crisis times, Congress acts swiftly to cure wrongs against corporations. What about this wrong against every single household?
coldpie•1h ago
UPS is definitely pocketing most of whatever refund they get. And golly gee gosh what a shocker, the company supports Republicans. I'm afraid you've been robbed.

> ‘Corporate and industry group political action committees have donated more than $44 million directly to the campaigns and leadership PACs of the 147 members of the Sedition Caucus. Companies and trade associations that pledged to suspend donations have given more than $12 million to the campaign and leadership PACs of the Sedition Caucus.

> Koch Industries ($626,500), American Crystal Sugar ($530,000), Home Depot ($525,000), Boeing ($488,000), and UPS ($479,500) have contributed the most money to members of the Sedition Caucus through their corporate PACs.’

> Tomé’s reconciliation with representatives who legitimized Trump’s attempted presidential coup — and who may control Congress after the November midterm elections — shouldn’t surprise us. Trump lavished huge gifts on UPS and Corporate America that have made them richer.”

> The second Trump presidency has the potential to be even more lucrative for UPS, given that the bulk of UPS’s unionized workers are Teamsters and led by prominent Trump ally Sean O’Brien

https://joeallen-60224.medium.com/big-brown-and-the-fascists...

parineum•40m ago
> UPS is definitely pocketing most of whatever refund they get. And golly gee gosh what a shocker, the company supports Republicans. I'm afraid you've been robbed.

Looks like they've given a pretty similar amount to both parties[1]. UPS charging a specific "Tariff Fee" is bound to have angered Trump.

[1]https://www.opensecrets.org/orgs/united-parcel-service/summa...

kowalej•1h ago
Not only that, the companies used the tariff excuse to raise prices which will not come back down even if tariffs are fully off the table. Just like the price inflation during COVID.
joshlemer•42m ago
Prices don’t moronically go up forever, prices come down all the time
redeeman•37m ago
it does if you continue to pay
baby_souffle•31m ago
Depends on how sticky the prices are. Some things are volatile as hell and swing wildly from week to week, some things are stable until adjusted and then they stay that price for another decade.

Most things are never going to be cheaper than they are today. Some things may be cheaper this time next year but not by more than a few percent at the most.

empath75•26m ago
I just love this idea that corporations just discovered greed during the pandemic and before that had been selflessly dedicated to selling goods for the benefit of mankind at the lowest price they possibly could. Companies always try to maximize prices, and they do that by trying to optimize the price they sell things at to sell as much as they possibly can at the highest price they can get away with. Sometimes you can get more profits by lowering prices and selling more stuff, sometimes by raising prices and selling less stuff. It's a trade off. Prices went up because of a series of demand and supply shocks enabled companies to raise prices. If they had not raised prices, there would have been shortages everywhere.
CuriouslyC•2m ago
The word you wanted there was probably monotonically
cvoss•1h ago
You did not pay the tariffs. You bore the cost of the tariffs. Those are not the same thing. The refund is due to the party that got the bill for the tariff and paid it-- the importer. What you paid for was for the business not to go bankrupt while this was occurring. If the business wants to refund you for that, they can choose to do so. But you are not owed a refund.
throwaway667555•1h ago
Congress can act to pay back the economically harmed party, the consumer. They won't because we live in an oligarchy.
flawn•49m ago
This answer is the incarnation of capitalismmaxxing. Economically speaking you're correct - but morally definitely not, companies are for the bigger part not the harmed party here.
wpm•44m ago
Look you can write the funny numbers in whatever accounting mumbo jumbo you want, but I paid more to cover the cost to the supplier == I paid the tariffs.
greybeard69•35m ago
No one cares.
ajam1507•33m ago
"I didn't kill him, officer. It was the bullet."
wat10000•6m ago
In other words: the president can break the law and fuck you over by transferring a nice chunk of your money to big companies, and none of the lawbreakers will be held accountable in any way, and you're not owed a dime in restitution.
dawnerd•57m ago
There's going to have to be class actions filed against the retailers if consumers want anything.
danans•36m ago
Clearly, since calculating the individual refunds are impossible, the companies will be broadly discounting products going forward by their effective tariff rate for roughly the time the tariffs were in effect. /s
shagie•21m ago
Depends on how the items are purchased. Some are trying... https://www.facebook.com/CardsAgainstHumanity -> https://www.getyourfuckingmoneyback.com
stackedinserter•31m ago
You'll need to ask companies that are going to get that government refund.
duxup•1h ago
Absolutely absurd that we’re at this point. The courts / SCOTUS let the government roll out a massive and obviously illegal tax on citizens for a long time. They should have stepped in earlier.

Now we the people probably don’t get our money back….

Jeremy1026•1h ago
> probably

Hah, we are 100% not getting our money back. And the higher, tariff level, prices aren't going to go back down either.

commandlinefan•1h ago
Did they actually raise prices, though? I haven't noticed any significant jumps; my understanding was that they were absorbing (for the most part) the tariffs for the time being, but planned to raise prices in the near future.
rootusrootus•1h ago
Average family paid 1000 more last year due to tariffs. I definitely noticed things that jumped in price.
thingscoledoes•1h ago
Source?
Jeremy1026•50m ago
Joint Economic Committee a good enough source? https://www.jec.senate.gov/public/index.cfm/democrats/2026/2...

Or Tax Foundation? https://taxfoundation.org/research/all/federal/trump-tariffs...

superxpro12•24m ago
A large cap company I totally dont work at paid 4% of revenue in tariffs last year. Our bonuses were cut in half. I dont have visibility into our customer pricing. It is fucking obscene how stupid this tax is. And all for what? So billionaires can get a bit richer? How did this help us, like at all???
stevenwoo•1h ago
It depends on if one thinks 10-20 percent is significant. Do you cook your own food - some food items are imported during USA winter months and those items went up noticeably, also items that are not grown/harvested in significant quantities in USA went up. The only things I did not see a price increase were US sourced oatmeal, rice and flour, stuff where they are selling stuff that could be from before tariff times. Coffee went up due to bad harvests but the tariffs added to that, and now that harvests are back to normal, prices haven't gone back down commensurately.
Jeremy1026•1h ago
I get more or less the same items from the grocery store every week. My grocery store shows me purchases going back a year.

3/9/25 - 45 items - $178.98

3/15/25 - 40 items - $187.13

3/22/25 - 59 items - $315.29

3/29/25 - 45 items - $131.36

...

2/14/25 - 48 items - $238.15

2/21/25 - 17 items - $117.49 (used $45 in coupons from store loyalty points, actual cost $162.49)

2/28/25 - 27 items - $165.27

My grocery bill definitely is feeling it, now is it 100% tariffs, probably not. But research points to it being some what related to tariffs [1,2,3] You'll notice in the most recent shops, I have been trying to skip the non-essentials when possible to keep my bill lower.

I don't have any other regular purchases with history to look back on. It's not like I replace all my consumer electronics every 6 months-1 year. Closest thing that I have to consistent historical data is 3D printer filament, which has gone from $15.99 to $16.99 on Amazon for my brand of choice from April 2025 to my most recent order last week.

[1] https://taxfoundation.org/blog/trump-tariffs-food-prices/

[2] https://budgetlab.yale.edu/research/state-us-tariffs-june-17...

[3] https://www.edelmanfinancialengines.com/education/life-event...

throwaway667555•55m ago
Look at the CPI chart and draw a trend line ignoring recent years. You'll see we're living under 2034 price levels currently.
SunshineTheCat•53m ago
Tariffs don't work like that.

These are taxes that businesses have to pay and as a result, they pass on to the consumer.

Larger companies have some room (in some cases) to absorb some of these costs. While smaller companies do not. These can literally put people out of business overnight.

Here is a specific example: https://nypost.com/2025/04/08/us-news/idaho-business-owner-c...

intrasight•56m ago
The "Importer of Record" gets the refund. I read that a large fraction of those importer of record are Chinese companies.
Jeremy1026•41m ago
Yes, but when the product costs went up to cover their fees who paid that? We did. So the "Importer of Record" will (maybe) get a refund from the government, while also getting the higher prices paid to them from the distributors/consumers.
superxpro12•25m ago
read from where? Because over 92% of tariff costs were born by domestic importers. Thats american companies who then offload that tax through higher purchasing costs.

https://libertystreeteconomics.newyorkfed.org/2026/02/who-is...

intrasight•9m ago
That article doesn't even mention nonresident importers (NRIs). The percentage that are NRIs is not public information but it is believed to have grown during this trade conflict.

What got my attention on this was this HN comment by rstuart4133:

"There are Non-Resident Importers, which are foreign companies that import goods into the USA, but do not have a presence in the United States. About 15% of USA imports come through NRIs. For them this reversal sets up a true irony. Trump effectively forced US citizens to pay more the imported goods. He thought that money would go to the USA treasury. Now the US treasury has to pay it back, so it is a free gift to the exporting countries. Like China. Truly delicious."

snarf21•24m ago
It is almost as if this was a planned wealth transfer that was immensely succesful.
jlarocco•8m ago
Yeah, most of us absolutely are not getting our money back.

The importers pay the tariffs, and they might get a refund, but it's unlikely they can distribute the money back to the people who they passed the price increase onto.

Imagine I imported 1 ton of rice and paid the tariff. Then I split that ton of rice into 2000 one pound bags and sold them to two super markets, with a higher price accounting for the tariff. Then one super market decided to absorb the price from their margins and sell it at the same price as before to avoid price shocks. Can I track down the other 1000 purchasers who paid a higher price? Is it even worth it?

wutwutwat•1h ago
Still waiting on getting those freedoms back that we temporarily gave up after 9/11 via the patriot act so we could get the baddies.

Don't hold your breath for either to be given back.

rootusrootus•1h ago
I suspect that money is involved. We’re becoming numb to it.
bickfordb•1h ago
The latest temporary tariffs are also likely illegal.
badgersnake•1h ago
Well if it works, they’re gonna keep doing it.
teeray•28m ago
Justice delayed is justice denied. There should be an express lane for litigation similar actions like this.
NetMageSCW•5m ago
I thought those were on very solid ground commonly used by past administrations?
UltraSane•53m ago
There is no excuse for how long it took the Supreme court to decide this very obvious case.
oofbey•51m ago
In terms of policy this is a truly massive gift to importing companies. They had to pay massive amounts of tax to import goods. Analysis shows most (but not all) of the tariffs were passed on down the line to consumers of the imported goods or their derivatives.

And now they get it all back! If they can figure out the paperwork. Which I expect most will, because if you import things and pay tariffs, you have to be good at govt paperwork.

Wow. I don’t know what this means. But it’s a huge windfall to a very specific horizontal slice of the economy - cutting across industries and supply chains. Just whoever happened to be doing the importing gets a giant present. So bizarre. Economists will write about this case study for decades.

jasondigitized•41m ago
I like Class Action lawsuits for $100 please
dweinus•35m ago
There is no probably; we not getting our money back. In fact, any of the money that has been spent in the meantime (say to make up for wealthy tax cuts or to expand military or border funding) we get to pay again!
hypercube33•34m ago
Two things is that we won't get money back and price of stuff is still going up. add on to that the companies getting refunds are pocketing the money.
empath75•28m ago
I hate the tariffs, but giving the money back to the corporations would be absolutely _grotesque_.

Every company that collected a tariff fee needs to refund it as they collect their own refunds.

wat10000•17m ago
Congress needs to step up and take its power back from the executive. There was no good reason for the President to have this power in the first place. Why the hell do we have emergency powers to impose tariffs? Is there going to be a fleet of nuclear-armed bombers headed for the USA and the only way to stop them is to impose tariffs? It's ridiculous.

Congress has been gradually handing their power over to the executive for decades. For decades, people have been warning that this was setting up for major abuse if you got a particularly bad president. Well, guess what....

shin_lao•1h ago
Unclear if the SC ruling is retro active. But of course, lawyers will try to make money out of this...
bonsai_spool•1h ago
> Unclear if the SC ruling is retro active. But of course, lawyers will try to make money out of this...

What do you mean unclear? The ruling says that certain of the tariffs were always illegal.

SpicyLemonZest•1h ago
It's 100% clear, and even if it weren't the government already conceded that the tariffs are refundable to get this far. If the tariffs were not refundable, that would mean that the injury from them is irreparable, and they would have had to be enjoined pending the decision.
benrutter•1h ago
Lots of comments along the lines that tarrifs were mostly passed down indirectly to consumers, who aren't entitled to refunds.

I definitely agree on principle, it sounds pretty tricky to see how proving "I paid $x more for groceries because of tarrifs" would work in practice.

Does anyone know of policy suggestions for how that could work?

downrightmike•1h ago
Most everything was probably bought with credit/debit cards. The individual records exist. Just using your Amazon etc order history should be dead simple
9dev•1h ago
you would need to prove what part of the amounts you paid were due to tariffs, and which were ordinary price changes. All vendors would need to publish that information, and be honest about it. Don't see it coming.
ranyume•1h ago
You put the money on an investment pool and pay the citizens back in:

* Direct Cash (using some equation for impoverished households)

* Infrastructure

* Better life conditions

No other uses for this money. The returns and the uses of this money must be public.

testing22321•1h ago
Excuse me, this is the Inited States we’re talking about.

You’re getting mighty close to socialism there citizen.

ranyume•26m ago
I'm more of an anarchist myself, so I think it's a fair situational compromise!
buellerbueller•1h ago
Worst president ever.
freetonik•1h ago
There was an interesting case in Finland. Finnish customs used to apply a 22% tax (ELV) on top of the car tax for imported used cars from other EU countries. On top of that, Finnish law required VAT to be charged on the car tax itself.

There were multiple court cases and this practice was found unlawful (and actually against EU law). But the government did not issue automatic refunds, and instead requested that people "actively appeal" with some time limits. They also refused to pay interest on the money withheld.

AFAIK, only about 50M Euro was paid back. A lot of funds gathered between 2002–2005 was never returned.

I've been living in Finland for 10+ years, and this whole story was super surprising for me to learn because the prevailing notion among people here is that Finland is the land of law, and everything is done correctly and legally, always, and we can and should trust the authorities.

redeeman•33m ago
every single so called "nation state" is in reality just a regime, they ALL do this. They are no different than the mafia. You can choose between so called "don socialist" and "don fiscally-resonsible", yet they are identical twins with a different haircut.

No organisations or regime has ever considered itself illegitimate. The big guys consider smaller guys legitimate or illegitimate, but its just ink on a page.

Finland (and _ALL_ other countries) is an illegitimate regime, collecting its protection money, telling you to pray it does not alter the deal any further

siliconc0w•1h ago
SCOTUS is entirely to blame for the chaos here, the courts quickly found the tariffs illegal but they used the shadow docket to stay the ruling causing the illegal behavior to continue for a year.
eitau_1•5m ago
It's even more to blame given that it stripped the NEA and IEEPA acts of legislative guardrails in 1987.

[0] https://fivepoints.mattglassman.net/p/the-court-ieepa-and-th...

ChoGGi•1h ago
So corporations get refunds, I'm sure they'll issue refunds to consumers any day now.
mgkimsal•1h ago
One thing I don't see mentioned enough with the whole "the consumers paid these tariffs! we should get refunds!"... We "paid" not just in higher prices, but in many layoffs, reduction in working hours, skipped bonuses and raises. Companies that get 'refunds' will have an opportunity to use that money to rehire and repay workers. I'm cynical enough to think that will happen in large measures across the whole country, but I'm hopeful enough to want to see it happen nonetheless.

Delayed refunds won't even start to repair the damage done by bankruptcies triggered by high tariffs, the snowballed cost of tariffs impacting multiple steps in the supply chain, the emotional toll on families and communities having to deal with less money and rising prices. But rehiring and getting some regions and communities back to work might be a step in the right direction.

EXCEPT WE NOW HAVE A 15% GLOBAL TARIFF ONGOING. And a lunatic administration that will fight tooth and nail for years to keep this going as long as possible.

Trump "loves" this country so much it hurts me.

zoobab•45m ago
"use that money to rehire and repay workers"

or give it to shareholders.

philipallstar•42m ago
They only do that after tax, so there'll be more tax paid if they do that.
marcosdumay•37m ago
> Companies that get 'refunds' will have an opportunity to use that money to rehire and repay workers.

Why on Earth do you expect a single-time payment with no strings attached to make companies think some market is profitable so they should invest in it?

book_mike•45m ago
Good. Perhaps the administration should follow the law.
titzer•43m ago
The past 20 years have been an endless series of wealth transfers from commoners to the wealthy. This is Oligarchy.
whh•43m ago
I don't usually like to get involved in US politics as I'm not American, nor do I live in the US. But I will say this: the dildo of consequences rarely arrives lubed.

Read from that what you will... as a voter, or the POTUS.

SunshineTheCat•42m ago
I do find it kinda crazy that we had a specific policy surrounding tariffs (Smoot-Hawley) that was in the center of the worst economic collapse in US history.

And now, less than 100 years later we're like "hey let's try that again!"

https://www.visualcapitalist.com/the-average-u-s-tariff-rate...

Spivak•21m ago
I mean honestly that's about right. As soon as it falls out of living memory people forget why the fence was there and tear it down.

Expect rhymes from the 1930's—an economic depression, tension leading to another world war. Fun stuff ahead.

nekusar•42m ago
And notice that the refunds are TO THE COMPANIES.

This was the plan from the get-go:

    1. Illegal tariffs made
    2. Companies pay tariffs
    3. Companies sell goods with tariff passed on
    4. tariffs deemed illegal
    5. companies get refunds on tariffs
    6. COMPANIES KEEP TARIFFS
    7. The customers get fucked.
trymas•40m ago
Side topic, but this number puts into how crazy it was for trump[0] to go on tariff war against enemies and friends alike. All the propaganda and extortionist language about how all countries will pay up to USA.

Astronomical tariffs in some cases, trade wars and dramas, alienate all allies and from all of this they got only $130B ?

$7T of spending, $1.77T in deficit[1] and they planned to fix this hole with $100B?!

Masterminds!

…and now they need to refund it.

NB: also puts into perspective how numb I became about reading AI and AI related sums of money, and how crazy actually those numbers are.

[0] off course many knew that it’s crazy way before it happened.

[1] https://en.wikipedia.org/wiki/2025_United_States_federal_bud...

aduffy•31m ago
They need to refund it *with interest*, according to filings cited in the article.
superxpro12•27m ago
The rest is financed by debt. The theft-class stole the rest from the govt thru debt, and expect the rest of us and the following generations to deal with the fallout while they sit on top of their obscene gobs of cash insulated from the fire they created.
microtonal•24m ago
Astronomical tariffs in some cases, trade wars and dramas, alienate all allies and from all of this they got only $130B ?

Maybe that was never the point. You present it as retaliation against 'countries that are out to get us'. Introduce the tariffs, companies pay the tariffs by increasing prices for consumers, get the inevitable loss in court, return the tariff money to the companies.

You just transferred $130B of wealth from citizens to companies.

Bonus: people are now used to the higher prices, so post-tariffs your profits are also higher.

MattDamonSpace•9m ago
The whole point is “$130B is chump change for the problems caused” and that’s true if companies as well
satvikpendem•23m ago
"Trump brags in Oval Office that his billionaire pals made a killing in stocks after he pulled the plug on tariffs"

> “He made $2.5 billion, and he made $900 million! That’s not bad!” Trump said, pointing to financial investor Charles Schwab and then NASCAR team owner Roger Penske.

https://sg.news.yahoo.com/trump-brags-oval-office-billionair...

lokar•21m ago
Friends? America has no friends, only client states.
jmward01•33m ago
The people harmed here were the US public and they are just going to continue to be harmed. The right answer is people go to jail. Until people start going to jail, being disbarred, etc, this will keep happening. This isn't a remedy. This is continuing the cycle.
TechSquidTV•31m ago
The American people will be robbed blind and beaten into submission until there is a reason not to. It's that simple. They have NEVER been punished, why would they stop?
cmrdporcupine•26m ago
Chaos is a ladder.

Trump doesn't care who went bankrupt or lost money, he was able to create a whole pile of red number buying opportunities for his friends in the know. And for himself.

It's now an age of oligarchy, stable corporate capitalism and gentlemanly bourgeois behaviour and the appearance of "rules based order" and equally brokered commerce is out, schoolyard bully attitude and "give me your lunch money" is in.

If you still want to profit, you make friends with the right people, kiss the ring, and get permission to become a highwayman or parasite like the rest of them.

At the bottom, is us. I don't think any election can put the cork back in this bottle. The only thing that will end this decline is an angry non-compliant populace that is sick of getting a very bad deal.

softwaredoug•22m ago
Has anyone else noticed this? In our area, it seems in 2025 a lot of local businesses (ie local toy stores, etc) have closed. Presumably tariff pressures hurt (among other affordability issues).

The big players can restructure supply chains. Small businesses can't. The mom and pops seem to suffer.

I'm hoping there can be an infusion of $ into those companies and maybe stimulate a little growth, or at least survival through the Trump years.

bwb•22m ago
I ache for the day we were governed by people who were competent and wanted to govern.
sriram_malhar•18m ago
Wouldn't it be simpler to implement a 'spend-forward scheme' rather than returning? For example, spend that money on research grants and health care. A man can dream, no?
yapyap•15m ago
Wonder if the companies (who have been mostly passing on the tariffs to the end user) will just add the refunds to their profits or give back in some way
smm11•12m ago
So we don't have to pay taxes this year, right?

Google Safe Browsing missed 84% of phishing sites we found in February

https://www.norn-labs.com/blog/huginn-report-feb-2026
74•jdup7•1h ago•31 comments

Show HN: Jido 2.0, Elixir Agent Framework

https://jido.run/blog/jido-2-0-is-here
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Judge Orders Government to Begin Refunding More Than $130B in Tariffs

https://www.wsj.com/politics/policy/judge-orders-government-to-begin-refunding-more-than-130-bill...
453•JumpCrisscross•2h ago•356 comments

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266•ipotapov•8h ago•85 comments

Fast-Servers

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Google Workspace CLI

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Relicensing with AI-Assisted Rewrite

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285•tuananh•11h ago•283 comments

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86•giuliomagnifico•3d ago•36 comments

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https://acko.net/blog/the-l-in-llm-stands-for-lying/
493•LorenDB•12h ago•314 comments

The Man Who Broke into Jail

https://www.newyorker.com/magazine/2026/03/09/alexander-friedmann-profile-prison-reform
25•fortran77•1d ago•9 comments

Intelligence is a commodity. Context is the real AI Moat

https://adlrocha.substack.com/p/adlrocha-intelligence-is-a-commodity
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Poor Man's Polaroid

https://boxart.lt/blog/poor_mans_polaroid
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Smalltalk's Browser: Unbeatable, yet Not Enough

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AMD will bring its “Ryzen AI” processors to standard desktop PCs for first time

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165•Bender•3d ago•142 comments

Building a new Flash

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Jails for NetBSD – Kernel Enforced Isolation and Native Resource Control

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69•vermaden•8h ago•16 comments

Arabic document from 17th-cent. rubbish heap confirms semi-legendary Nubian king

https://phys.org/news/2026-02-arabic-document-17th-century-rubbish.html
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Billy bookshelves as a retro motherboard "rack"

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Something is afoot in the land of Qwen

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OpenBSD on SGI: A Rollercoaster Story

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The IRIX 6.5.7M (sgi) source code

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MacBook Neo

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1873•dm•1d ago•2174 comments

No right to relicense this project

https://github.com/chardet/chardet/issues/327
376•robin_reala•7h ago•243 comments

Earth Garden: Field Recordings Around the World

https://earth-garden.alen.ro/
33•alentodorov•1d ago•10 comments

BMW Group to deploy humanoid robots in production in Germany for the first time

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192•JeanKage•19h ago•210 comments

Rising carbon dioxide levels now detected in human blood

https://phys.org/news/2026-02-carbon-dioxide-human-blood.html
81•wkrsz•1h ago•84 comments

US tech firms pledge at White House to bear costs of energy for datacenters

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134•geox•14h ago•158 comments

Picking Up a Zillion Pieces of Litter

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180•colinbartlett•3d ago•63 comments

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https://www.poetryfoundation.org/poems/46560/dulce-et-decorum-est
177•bikeshaving•18h ago•89 comments