The U.S. Court of International Trade has ordered the federal government to submit a court-ordered implementation plan by March 12explaining how it will process refunds of the unlawful IEEPA tariffs.
During a conference on March 6, Judge Richard K. Eaton temporarily paused the requirement that refunds begin immediately while the government develops a system to administer them. The order does not change the underlying ruling that the tariffs were unlawful following the Supreme Court’s decision in VOS Selections v. Trump.
Instead, the court has directed the government to explain:
- what steps Customs is taking to unwind the tariffs
- how refunds will be processed
- and when businesses can expect them.
What Businesses Should Do Now
For most businesses, no immediate action is required.
Importers generally have time—often up to two years—to preserve their claims if additional litigation becomes necessary. Liberty Justice Center continues working to ensure a uniform, court-supervised refund process so that businesses do not need to file hundreds of thousands of separate lawsuits to recover money they are owed.
The court (not the government) is now supervising the refund process. In the meantime, businesses should ensure their tariff documentation is organized and confirm they are enrolled in CBP’s automated refund systems while the government finalizes its implementation plan.
We will continue to post updates here on TERRA as the refund process develops.