The Trump administration has been fighting a court order to return all $166 billion in tariffs illegally collected from importers, according to a new report.

In February, the Supreme Court struck down some of the sweeping tariffs President Donald Trump slapped on both adversaries and allies last year, specifically the duties imposed under the 1977 International Emergency Economic Powers Act.

This left the Trump administration with the headache of refunding businesses billions of dollars paid under the tariff policy.

But the administration is resisting an order handed down by international trade court judge Richard K. Eaton this spring, which demanded that the tariffs be refunded immediately, The New York Times reported Wednesday.

The Times specifically mentioned the administration’s supposed efforts to shield Rodney S. Scott, commissioner of the U.S. Customs and Border Protection, from testifying in court next Tuesday about the tariff refunds. CBP is handling the refund process.

After the Department of Justice submitted an emergency appeal seeking to replace Scott with someone else, Eaton held firm in his order for Scott’s testimony, writing in filings Wednesday, “There is $166 billion at stake,” according to The Times.

The Independent has reached out to the White House, the CBP and the DOJ for comment.

In April 2025, Trump imposed a 10 percent tariff on all imported goods and additional reciprocal levies against countries that his administration accused of unfair trade practices.

The conservative-leaning Supreme Court ruled 6-3 earlier this year that the tariffs imposed under the 20th-century Emergency Powers Act were unconstitutional. Trump bashed the court for its decision, saying he was “absolutely ashamed” of some of the justices who ruled against him.

A couple of executives from major companies have said that they have already started to get tariff refunds.

Representatives from Oshkosh Corporation, known for making military and other industrial vehicles, and Basic Fun, the makers of toys such as Care Bears and Lincoln Logs, told CNBC last month that they received some of the refunds for which the companies previously filed.

The Trump administration owed refunds to about 330,000 importers for tariffs paid on about 53 million entries, according to the Times.