Updated
Updated · Bloomberg Law · Aug 11
US Importers File 200-Plus Tariff Refund Suits Over $10 Billion in Frozen Claims
Updated
Updated · Bloomberg Law · Aug 11

US Importers File 200-Plus Tariff Refund Suits Over $10 Billion in Frozen Claims

3 articles · Updated · Bloomberg Law · Aug 11

Summary

  • More than 200 tariff-refund lawsuits have been filed at the US Court of International Trade since July 20, a sharp jump from roughly 35 a week or fewer through most of June.
  • The surge centers on entries finalized more than 80 days ago, which the government says Customs cannot reopen for refunds without a court order; that bucket covers about $10 billion to $11 billion of roughly $166 billion in struck-down duties.
  • July court orders for these so-called phase-three claims, along with Customs' delayed plan to expand its CAPE refund system, made litigation the fastest path for importers seeking repayment.
  • Only a small share of the roughly 330,000 importers that paid Trump's IEEPA tariffs have sued so far, as some large companies wait on appeals-court guidance and many smaller firms may lack counsel or find legal costs too high.
  • Whether these suits prove necessary depends on a separate Federal Circuit fight over the trade court's authority, a dispute attorneys say could take months or even a year to resolve.

Insights

If the appellate court sides with the government, could thousands of businesses permanently lose out on billions in finalized tariff refunds?
Why is a delayed government software update forcing hundreds of businesses into a massive legal battle just to reclaim their money?