WASHINGTON — Arizona coffee roaster Gabe Hagen is wondering if he’ll ever recoup the tens of thousands of dollars he paid in tariffs to import beans from the world’s major coffee-growing regions in South America, Africa and the Indo-Pacific.

Weeks after the U.S. Supreme Court struck down President Donald Trump’s emergency tariffs as illegal, Hagen is among an army of small business owners who are unsure if they’ll be made whole after a year of increasing costs and uncertainty.

“I’m in the process right now trying to consolidate all of my invoices … because I need the money back — if they’re going to give it back,” Hagen told States Newsroom in an interview.

“A pallet of coffee would cost us 5 to 6 to $7,000 if we had a bag or two of really high-grade in there. Post tariffs, our cheapest pallet was around $8,000, and it went anywhere from 8 to $10,000 or $11,000 per pallet of coffee,” he said.

How the government will refund the roughly $166 billion in tariffs Trump triggered under a 1970s emergency economic powers statute is slowly coming to light in court documents.

Nearly 2,000 companies filed suit for tariff refunds in the U.S. Court of International Trade, with many lining up even before the highly anticipated 6-3 Supreme Court decision.

U.S. Customs and Border Protection’s four-step refund process for businesses is anywhere from 40% to 80% complete, depending on the step, according to a court-mandated update filed March 12 with the Court of International Trade.

Justices leave it to the lower courts

The justices, not giving guidance on refunds, left the matter to the lower courts in their Feb. 20 ruling that invalidated the sweeping tariffs Trump unilaterally imposed under the 1977 International Emergency Economic Powers Act, or IEEPA.

The president declared various emergencies under the statute during his first year in office.

From fentanyl smuggling, to trade imbalances, to political disputes, he used each declared crisis to impose steep taxes on imports.

Shifting sometimes day to day, tariffs reached as high as 50% on Brazilian and Indian goods after Trump declared emergencies over the prosecution of a political ally and over the use of Russian oil, respectively.

U.S. importers saw tariffs spike as high as 145% on Chinese goods during a tit-for-tat trade war sparked by Trump’s declaration of a trade imbalance emergency. The duties largely settled at a roughly 50% effective rate on several products after the trade war and negotiations with the world’s second-largest economy.

The Trump administration has since sought different pathways to collect tariffs, including almost immediately instituting temporary import taxes under a different 1970s trade statute.

The Office of the U.S. Trade Representative has also commenced widespread investigations into dozens of the largest U.S. trading partners that could trigger new tariffs, depending on findings.

‘Survived, but barely’

The rollercoaster ride was enough to almost bring down Busy Baby, a Minnesota-based baby product company that manufactures several patented designs in China.

Busy Baby owner Beth Benike, who shared her experience with States Newsroom in February, is now suing U.S. Customs and Border Protection Commissioner Rodney Scott and U.S. Treasury Secretary Scott Bessent to recoup money lost.

Matthew Platkin, former New Jersey attorney general and Benike’s lawyer, said Benike’s business “survived, but barely.”

“She had to keep merchandise overseas because she couldn’t afford to pay to bring them here. And when she didn’t get product, she wasn’t getting paid, she wasn’t making money,” Platkin said in an interview with States Newsroom.

“She had opportunities lined up for expansion. She was going to hire new folks. That didn’t happen, and that was because of one thing: the president’s illegal tariffs,” he said.

Benike’s complaint does not specify a dollar amount, but Platkin said, “It’s substantial, especially for a business of her size.”

“We’re still going through and assessing the full impact of the tariffs on her, but rest assured, even for a small business, it’s tens of thousands of dollars at a minimum,” Platkin said.

“The federal government should just refund these folks their money with interest, period. Like, this shouldn’t even require litigation. They were caught taking illegal tariffs from millions of businesses,” he said.