Months after IEEPA tariffs were struck down, some refunds remain caught between Customs and the courts
CBP’s phased refund system leaves some importers facing different deadlines and higher legal costs, with a $10,000 filing bill cited for smaller claims.
- Following the Supreme Court's February 20, 2026 ruling that IEEPA tariffs were illegal, Customs and Border Protection established the Consolidated Administration and Processing of Entries system to manage over $100 billion in refunds.
- While Fortune 500 companies utilize in-house teams to navigate complex phases, smaller businesses like JB Lures struggle with administrative burdens. Dan DeJaeghere stated: "I normally don't want help from the government, but you took illegally, and now it's up to me."
- As the process moved into Phase 3, it required pricy legal expertise, leading some importers to file litigation in the CIT. John Anwesen of Lighthill noted, "Phase 3 gives importers another reason to consider filing a CIT action now."
- Litigation costs can be prohibitive; a $10,000 legal bill may consume a substantial portion of smaller refunds. Rep. Kelly Morrison stated, "The big corporations have the people power to get through all the administrative burden."
- Importers must carefully track deadlines, as entries may fall outside CAPE's 80-day processing window while remaining within the 180-day statutory protest period. Different administrative and legal paths have distinct eligibility requirements and deadlines.
17 Articles
17 Articles
The Minnesota Star Tribune: Minnesota’s Biggest Firms Are Getting Tariff Refunds. Some Smaller Companies Are Not.
Earlier this year, the U.S. Supreme Court said businesses could get refunds from Trump’s illegal tariffs, but the process of getting the money back can create barriers for some small businesses.
Minnesota’s biggest firms are getting tariff refunds. Some smaller companies are not.
Earlier this year, the U.S. Supreme Court said businesses could get refunds from Trump’s illegal tariffs, but the process of getting the money back can create barriers for some small businesses.
Months after IEEPA tariffs were struck down, some refunds remain caught between Customs and the courts
Freight Right reports that refunds for overpaid tariffs after the IEEPA ruling remain complicated due to ongoing legal processes and Customs regulations.
It was found that a significant number of U.S. companies that received or applied for customs refunds plan to hold the funds in cash.
Months after IEEPA tariffs were struck down, some refunds remain caught between Customs and the courts - Stateline Publications
In April 2025, the Trump administration introduced one of the most sweeping economic and trade policy decisions in decades: tariffs by way of the International Emergency Economic Powers Act, or IEEPA. The policy remained in effect until Feb. 20, 2026, when the U.S. Supreme Court ruled that the implementation of tariffs by way of IEEPA was an overreach of executive power. As a result of the policy being ruled unconstitutional, Judge Richard Eaton…
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