Court Directs IEEPA Tariffs to be Refunded

The Supreme Court recently issued their opinion that the IEEPA tariffs were illegal, and they remanded the matter back to the Court of International Trade for remedies.

The Court of International Trade issued their own tariff order today.

The judge determined he has exclusive jurisdiction to hear the matter, and directs CBP to:

  • liquidate all unliquidated entries entered subject to IEEPA duties without regard to IEEPA duties;
  • reliquidate, without regard to IEEPA duties, entries already liquidated for which liquidation is not final.

This means that if your import was not yet liquidated, then when it is liquidated, it will be charged without regard to the IEEPA tariff and if that money was collected then it should be refunded. It is possible that CBP may require some action on the part of the importer in order to execute this process (although they should not) so watch carefully for more updates.

The ruling also directs that if your import was not yet liquidated, then when it is liquidated, it will be charged without regard to the IEEPA tariff and if that money was collected then it should be refunded.

Of course, this could be subject to additional appeals so don’t consider anything final until you get your refund!

About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

One Response to Court Directs IEEPA Tariffs to be Refunded

  1. Pingback: How to Request Refunds for Illegal IEEPA Duties Effectively

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