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Trump’s tariffs are illegal now. Do I get a refund on this Argentine penguin?

I’m one of many consumers caught up in the legal fight over paying back tariffs.

I accepted the risk when I ordered a penguin from Argentina: Uncle Sam might tax it.

It wasn’t one of the actual flightless birds; it was a green ceramic pitcher resembling a penguin with a curved handle and beak serving as a spout, often used to pour house wines at cheap bars in Buenos Aires. The “pingüino” can trace its origins to the Italian immigrants who arrived in Argentina in the early 20th century and caught on in popularity among the working class.

The penguin arrived two weeks later in early November alongside some spices. Surprisingly, there was no trouble. The Argentine e-commerce company had relayed I was probably not paying customs duties. That was a big concern, since the package was delivered around three months after President Donald Trump ended the de minimis exemption allowing tax-free imports for shipments under $800. The coast was clear.

Or, so I thought. FedEx hit me with a $45 tariff bill on my $21.99 penguin out of nowhere a month later and demanded payment. “Your duties, taxes, and fees are due,” the company wrote in a brief text message.

Disputing the tariffs didn’t get me anywhere; FedEx responded by only claiming responsibility for the package as the transporter. Stuck with no good options, I begrudgingly paid the tariff in the name of protecting America’s (nonexistent) domestic pingüino industry.

Then, the landmark ruling came. The Supreme Court in February demolished many of Trump’s tariffs as illegal, including the ones that led to my $45 penguin bill.

The Supreme Court’s tariff decision could save you $1,000

It didn’t settle anything on refunds, though, leaving at least $175 billion in limbo for lower courts and the US Court of International Trade, which has jurisdiction over trade law cases, to decide the next steps. Now, it’s a mess involving lawsuits from companies and from customers, a combative White House, public relations concerns, midterm politics, and competing legislative fixes in Congress. Depending on where you fit into this mix, you might be getting a full refund — or nothing at all.

Shortly after the high court decision, FedEx quickly joined the growing armada of at least 2,200 US companies suing for refunds. The parcel shipping giant didn’t specify how much it was seeking.

FedEx did break from the pack in one significant way: The company announced they intended to refund the duties to all customers who paid them.

Now, FedEx owes me $45. Perhaps I’ll even get a little interest on........

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