Webinar - Don’t Believe The Hype: The Simple Truth About IEEPA Tariff Refunds

It’s been a little over one month since the US Supreme Court released its decision in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, ruling that the International Emergency Economic Powers Act (IEEPA) did not provide the president authority to impose tariffs, and that those tariffs were unlawful. That the duties paid over the last year must be refunded to those that paid them is now indisputable. However, the timing and process for securing or ensuring the refund of the duties paid is still being worked out.

Please join our International Trade & Foreign Investment team in reviewing the most recent developments, and what every party should be doing now to protect its right and ability to access refunds of tariffs paid under IEEPA.

Don’t believe the hype – the refund of the tariffs will not be automatic; rather, there will be a process and procedures that each party will need to follow. We’ll discuss answers to questions like:

• What is the latest status of the Court of International Trade (CIT) orders that US Customs and Border Protection (CBP) refund an estimated billions in duties? A new order is due from the court later this week.

• Has the CIT mandated that all IEEPA duties be refunded, including unliquidated entries, liquidated entries within the 180-day protest period and finally liquidated entries? What is the difference between these different categories of duties, and are there different processes to seeking the refunds depending on liquidation status?

• CBP is developing a new system known as the Consolidated Administration and Processing of Entries (CAPE) within CBP’s existing access portal, known as the Automated Commercial Environment (ACE) that will automate the calculation and refund of the IEEPA tariffs. How will the CAPE module work?

• What actions must importers take to update bank information in ACE for Electronic Clearinghouse (ACH) transfers?

• What actions should importers be taking now, in advance of the go live date for CAPE, to verify the status of their entries and prepare to file their claims?

• For entries with IEEPA tariffs that have already been liquidated, what are the deadlines for filing a formal protest (CBP Form 19)?

• Will importers be entitled to accrued interest on tariffs that were paid and sitting for the last year with CBP?