Updated
Updated · National Post · Aug 5
CBP Processes $10 Billion in Canadian Tariff Refunds as Appeal Targets Older Entries
Updated
Updated · National Post · Aug 5

CBP Processes $10 Billion in Canadian Tariff Refunds as Appeal Targets Older Entries

2 articles · Updated · National Post · Aug 5

Summary

  • $10 billion in refunds sought by Canadian exporters is now moving through CBP’s CAPE system, with lawyers saying most eligible importers are getting paid after the Supreme Court voided the Trump-era IEEPA tariffs.
  • CAPE covers unliquidated entries and recently liquidated ones, while CBP processes claims in batches and importers typically see money within about two weeks after a batch clears.
  • The main unresolved fight centers on finally liquidated entries: after day 80 post-liquidation CAPE closes, and after 180 days without a protest an entry is generally locked, pushing disputes into litigation.
  • The government has appealed a trade court order requiring refunds, arguing relief should apply only to parties before the court, while plaintiffs seek broader repayment and related class-action efforts continue.
  • Companies still face administrative snags, especially lacking access to their ACE portal, and some refunds are reduced by taxes owed or complicated by entry errors that later require protests.

Insights

Could a hidden tax deduction within CBP's new automated CAPE system quietly swallow the tariff refunds owed to international trade companies?
Will importers who missed the protest window permanently lose their illegal tariff refunds due to an ongoing Federal Circuit appeal?