Tag: IEEPA
-
IEEPA Tariffs: The Foundation and What Importers Paid The International Emergency Economic Powers Act (IEEPA) grants the President authority to impose tariffs and trade restrictions during periods of national emergency. In recent years, IEEPA has been invoked multiple times to implement tariffs on goods from various countries, affecting billions of dollars in imports and impacting…
-
The ACE System Constraint: Why CBP Rejects Protest Claim Submissions CBP’s rejection of Post-Summary Correction (PSC) submissions for IEEPA-affected entries traces directly to Automated Commercial Environment (ACE) system limitations. The ACE system was not configured to accept or process entry submissions that remove IEEPA tariff components from the duty calculation. This is not a policy…
-
The IEEPA Refund Opportunity and Customs Processing Reality The International Emergency Economic Powers Act (IEEPA) has been employed multiple times by recent administrations to impose emergency tariffs on imported goods. Companies that paid duties on goods covered by IEEPA tariffs may be eligible for refunds as policy changes, legal challenges, or new administrations modify these…
-
Introduction: A Paradigm Shift in Trade Litigation The landscape of US trade policy litigation has undergone a dramatic transformation. What began as isolated challenges to tariff authority has evolved into a massive coordinated legal campaign involving over 1,800 companies seeking to recover billions in duties paid under now-invalid tariffs. This unprecedented wave of litigation represents…
-
The Supreme Court Settled One Question; The CIT Must Answer Others The Supreme Court’s decision on tariff refunds established a foundational principle: importers are owed refunds for duties collected under the International Emergency Economic Powers Act (IEEPA). However, settling the legal principle of refund eligibility does not resolve the practical complexities of execution. The Court…
-
The Refund Uncertainty: CBP’s Position on Interest and Individual Review Following the Court of International Trade’s ruling that IEEPA tariffs are unlawful, importers assumed that refund processing would be relatively straightforward: CBP would calculate the difference between duties paid under IEEPA and duties owed under applicable tariff schedules, and refund the difference. However, recent interactions…
-
The Executive Order Terminating IEEPA Ad Valorem Duties: Full Scope and Limitations An Executive Order has terminated all International Emergency Economic Powers Act (IEEPA) ad valorem duties across the full spectrum of earlier orders targeting China, Mexico, Canada, Venezuela, Brazil, Russia, Cuba, and Iran. This represents a complete elimination of IEEPA-based tariff measures that had…
-
Introduction: A Historic Refund Window Opens The U.S. Supreme Court’s landmark decision striking down the Trump administration’s IEEPA‑based tariffs has triggered one of the largest potential refund events in modern U.S. trade history. Billions of dollars in duties collected across thousands of importers were deemed unlawfully imposed, and the Court of International Trade has now…