The recent decision by the U.S. Court of International Trade declaring certain Trump-era tariffs unlawful has wide-reaching implications—not only for legal departments, but for finance and operations leaders across various industries. For businesses that rely on imported steel, aluminum, equipment, or technology inputs, these tariffs have impacted margins, disrupted supply chains, and triggered reassessments of sourcing strategies. Even with the court’s ruling, the tariffs remain in effect—leaving many businesses uncertain about what comes next.
Here are five steps your company’s general counsel and leadership team should consider taking now to prepare for the likely next phases of litigation and economic impact:
1. Identify Your Exposure
Start with an internal audit to determine how much your company is paying in tariffs and for what imports. For operators in fuel and lubricant distribution or retail construction, this may include infrastructure components, fuel tanks, piping, point of sale (POS) systems, or imported parts. This visibility is essential to prepare for possible duty refunds or recovery claims.
2. Quantify the Costs
Your CFO and procurement team should be quantifying the actual dollars spent due to the new tariffs. For finance executives in cost-sensitive sectors like fuel distribution and C-store retailing, knowing how these tariffs affect your P&L can help frame strategic decisions on pricing, sourcing, or vendor renegotiation.
3. Preserve Your Claims
Although courts have ruled against aspects of the tariffs, companies must have preserved their claims to potentially recover duties. This includes filing protests with U.S. Customs and Border Protection or participating in litigation. Engage counsel to ensure your company’s rights are protected.
4. Prepare for Uncertainty
Tariff law and trade policy are now as much political as legal. Regulatory volatility may continue to impact import-dependent operations. Companies—especially those evaluating AI tools, new M&A activity, or CapEx-heavy IT infrastructure—should build flexibility into sourcing and pricing strategies to adapt quickly to policy changes.
5. Evaluate Refund Opportunities
If tariffs are ultimately struck down, businesses may have avenues to seek refunds. Whether through litigation or administrative pathways, companies that document their exposure and preserve claims will be better positioned to recover overpayments.
For general counsel and strategic leaders across fuel, lubricant, and retail industries, successfully managing the legal developments associated with tariffs requires proactive risk management and strategic planning. The legal landscape is shifting—now is the time to act. If you’d like to learn more about how tariffs may impact your business, visit us at winthrop.com.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
Vincent M. Pecora
Counsel
P / 612.604.6575
E / vpecora@winthrop.com
