Several Swiss companies are looking into reclaiming overpaid US tariffs. While Swatch already wants to take action, legal questions remain unanswered following the Supreme Court ruling.
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- Swatch wants to apply for a retroactive refund of customs duties in the USA.
- Breitling, Läderach and other Swiss companies are also examining claims for repayment.
- According to Swissmem, the chances of success are still unclear.
The first Swiss companies want to reclaim overpaid US customs duties. For example, the Swatch watch group. However, many questions are still unanswered.
"Our subsidiary in the USA will apply for a retroactive refund of the surcharges paid," Swatch informed the news agency AWP on Monday. Rolex did not wish to comment on any claims for reimbursement.
Two other well-known companies, Läderach and Breitling, had already told the NZZ at the weekend that they would reclaim the customs duties paid. Breitling boss Georges Kern spoke of "significant amounts".
According to the CH-Media newspapers, the ski manufacturer Stöckli also intends to claim back customs duties, as do the computer accessories manufacturer Logitech, the biotechnology company Jungbunzlauer, the watch company Sowind Group and the luxury goods group CL International.
Uncertainty high
"As far as the chances of reclaims and the necessary procedure are concerned, a lot is still open at the moment," Noé Blancpain from the industry association Swissmem said on request. The Supreme Court has not ruled on the issue of reclaiming the customs duties, so lower courts will now have to decide.
Blancpain explained that the customs duties were technically paid by the importer in the USA - this could be the customer itself, a distribution company or a subsidiary of the Swiss manufacturer. Accordingly, the importer must make the reclaims.
In practice, Swiss industrial companies have in most cases absorbed part of the customs costs by adjusting their prices. They would therefore have to reach an agreement with their customers.