Courts Signal Path for Manufacturers to Reap Billions in IEEPA Tariff Refunds

Litigation attorney Ashley Akers and International Trade attorney Patrick Childress were quoted in an IndustryWeek article on the developing process for refunding billions of dollars in tariffs imposed under the International Emergency Economic Powers Act (IEEPA) after the U.S. Supreme Court struck down the measures. They noted major questions remain about the mechanics and timing of refunds, with the U.S. Court of International Trade (CIT) now moving quickly to oversee repayment claims and ordering U.S. Customs and Border Protection (CBP) to issue refunds to eligible importers of record.

Ms. Akers commented on the pace at which the post-ruling proceedings are advancing in the Court of International Trade, which recently denied the U.S. Department of Justice's (DOJ) attempt to postpone the process.

"The case is moving quickly back to the CIT...despite the government's request to delay the mandate up to 90 days," she said. "This signals that the courts recognize the urgency of the situation."

Mr. Childress emphasized that resolving the refund issue will require significant administrative coordination, advising importers and other businesses affected by the tariffs to adopt a patient approach.

"The key question is timing. We're talking about well over $100 billion in IEEPA tariff refunds," he said. "The federal government will not be able to issue refunds of that magnitude overnight...Then there is the question of how, and whether, those refunds will be shared throughout the supply chain."

READ: Courts Signal Path for Manufacturers to Reap Billions in IEEPA Tariff Refunds (Subscription required)