What tariffs are being refunded?
Tariffs imposed under the International Emergency Economic Powers Act (IEEPA) that were later deemed illegal by the Supreme Court.
Business / Policy
A U.S. trade court has ordered Customs and Border Protection to issue refunds for tariffs that the Supreme Court previously ruled were collected illegally. This decision marks a significant setback for the Trump administration’s trade polic...
The U.S. Court of International Trade’s order compels Customs and Border Protection to begin processing refunds for tariffs collected under the International Emergency Economic Powers Act (IEEPA). These tariffs, enacted by the Trump administration, were later struck down by the Supreme Court. The court’s decision impacts over 300,000 importers, many of whom are small businesses. Judge Richard Eaton has been assigned to oversee the refund process, aiming to streamline claims for unlawfully applied duties.
The scale of the refund process is substantial, with the government having collected over $130 billion in illegal tariff payments. Customs and Border Protection initially claimed that finalizing entry costs without the tariff would be unprecedented and require manual review of over 70 million entries. However, the court has emphasized that the agency is capable of programming its systems to efficiently issue refunds, as it regularly does for overpaid duties.
Companies like Atmus Filtration have already filed lawsuits seeking refunds, highlighting the financial impact of these tariffs on businesses. The ruling emphasizes that importers are entitled to IEEPA refunds, but the government may challenge the scope or seek more time to implement the complex refund process.
Tariffs imposed under the International Emergency Economic Powers Act (IEEPA) that were later deemed illegal by the Supreme Court.
Importers of record who were subject to IEEPA duties.
The U.S. government collected over $130 billion in these tariffs.
Customs and Border Protection must finalize entry costs without the tariff and issue refunds with interest.
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