On Wednesday, November 5, the U.S. Supreme Court will hear arguments on whether President Trump’s tariffs—imposed under the International Economic Emergency Powers Act (IEEPA) —were legal. The Court’s decision will have significant impacts for importers, as well as investors in the IEEPA tariff claims. Many investors have participated in the growing secondary market, in which they purchase the rights to potential tariff refunds from importers, thereby providing the importers with upfront cash in exchange for future gains, should the tariffs be overturned.

For importers and investors alike, the Court’s ruling will have major implications, with billions of dollars in customs revenue at play. And even if the tariffs are struck down, uncertainty surrounds how the actual refund process would work. As such, both importers and purchasers will be eagerly watching the arguments to “read the tea leaves” on the Court’s future decision.

Click here to listen in live on oral argument on Wednesday, November 5, starting at 10:00 AM ET.

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Photo of Paul B. Haskel Paul B. Haskel

Paul B. Haskel is a partner in the New York office of Crowell & Moring and co-chair of the firm’s Financial Services Group. His practice focuses on the fields of alternative investment and opportunistic credit, including the secondary market for distressed and other…

Paul B. Haskel is a partner in the New York office of Crowell & Moring and co-chair of the firm’s Financial Services Group. His practice focuses on the fields of alternative investment and opportunistic credit, including the secondary market for distressed and other high-yield debt and claims. He represents investment funds, investment banks, and other financial institutions in connection with the purchase and sale of various U.S. and international assets, including domestic and foreign bank loans, high-yield securities, insurance subrogation claims, tax claims, and claims against bankruptcy estates, litigation trusts, and similar liquidating vehicles. He also advises clients on regulatory compliance issues relevant to financial institutions investing in bank loans and claims, including issues arising under U.S. securities law and state common law. Paul is an active member of The Loan Syndications and Trading Association Inc. (LSTA) and sits on various LSTA committees. He is a frequent speaker on topics relating to secondary loan market transactions.

Photo of Carlton Greene Carlton Greene

Carlton Greene is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and White Collar & Regulatory Enforcement groups. He provides strategic advice to clients on U.S. economic sanctions, Bank Secrecy Act and anti-money laundering…

Carlton Greene is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and White Collar & Regulatory Enforcement groups. He provides strategic advice to clients on U.S. economic sanctions, Bank Secrecy Act and anti-money laundering (AML) laws and regulations, export controls, and anti-corruption/anti-bribery laws and regulations. Carlton is the former chief counsel at FinCEN (the Financial Crimes Enforcement Network), the U.S. AML regulator responsible for administering the Bank Secrecy Act.