General Discussion

The importer likely has a right, although the mechanics are not clear as to how to enforce that right.

But the consumer bought a good, and paid the asking price, presumably deciding it was worth the asking price. That price may have been inflated by tariffs - or perhaps not, depending on the importers evaluation of the price the market would bear, versus desired profit margin. So I'm this scenario - the importers who decided to pass the entire cost on, win. Those who choose to eat the cost (or who imported in advance of the illegal tariffs and stored until ready to sell) get mostly made whole. In the former, consumers lose - big time. In the latter, they paid no more than they would have had the illegal tariffs not been imposed.

The only containers who might have a legal claim would be those who bought from companies who listed the tarrif as a separate line item (like shipping). Their action would be against the vendor who choose to explicitly pass on the tarrif. Otherwise, it all vanishes into the cost of goods sold, and becomes a higher profit margin for the importer.