LOUISVILLE, Ky. — Kentucky small businesses, along with others across the nation, are awaiting their refunds after the U.S. Supreme Court struck down sweeping tariffs imposed by the Trump administration in April 2025.
What You Need To Know
The U.S. Supreme Court struck down the Trump administration’s sweeping tariffs imposed in April 2025 under the International Emergency Economic Powers Act
Kentucky small businesses could see refunds from those tariffs, with an estimated $3 billion in potential relief on imports into the state
President Donald Trump later imposed new 10% global tariffs under a different law, which now face new court challenges
Kentucky and more than two dozen states are suing over the new tariffs, leaving businesses unsure about refunds
However, just hours after that ruling, President Donald Trump signed a different executive order imposing new 10% global tariffs, sparking more uncertainty for business owners.
Nursery owner Todd Kelly said it has been hard to maintain financial stability with tariffs fluctuating. With 28 years of experience running Kelly Nursery, he said the tariffs made it difficult for his business to expand last fall.
“We built a large greenhouse this fall, and it’s from a Canadian greenhouse company,” Kelly said. “Obviously, it’s all Canadian steel, and Canadian steel got hit with the tariffs.”
The Lexington-based small business owner said he ended up paying a hefty five-figure tariff.
“The tariffs yo-yo’d up and down,” he said. “They came on; they came off. Whereas we thought we were going to get away with some minor tariff, finally, it was jacked up to over $10,000.”
In late February, the U.S. Supreme Court issued its long-awaited decision, ruling the president did not have the authority to impose sweeping tariffs under the International Emergency Economic Powers Act, passed in 1977.
“Those are the tariffs that could be refunded,” said Dan Anthony, executive director of We Pay the Tariffs, a coalition representing small businesses across the country. “Our data shows almost $3 billion, just on imports into Kentucky alone, that could be coming back in terms of refunds. That is a process that’s working its way through the Court of International Trade.”
Anthony said that in early March, Trump imposed another set of global tariffs, this time under Section 122 of the Trade Act of 1974.
“They are under a different statute of law,” he said. “Those are still being collected. They have also now been challenged in court.”
Gov. Andy Beshear, D-Ky., along with at least two dozen other states, has filed a lawsuit, calling the Section 122 tariffs unlawful.
“We are now a month out from the Supreme Court decision, and people still don’t know, what is the process I’m going to have to follow to try to get this money back?” Anthony said. “And at the same time, they’ve been replaced by new tariffs.”
The legal battle is expected to unfold over the coming months. Anthony said an international court will hear the case brought by the two dozen states suing Trump over the new tariffs next month.