Importers who are paying tariffs under the International Emergency Economic Powers Act (IEEPA) in 2025 may be eligible for refunds if courts invalidate the tariffs. Multiple lawsuits are challenging the legality of these tariffs, and importers who file proper protests may recover the duties paid.
Why Timely Protests Are Critical to Recover Duties 🕐
Timely protests are critical to recover duties paid under IEEPA tariffs. “Liquidation” occurs when CBP “finalizes” an entry; that is, makes a final determination that the entry is correct. This usually happens within 314 days of the entry date, but it can vary.
Without a protest filed within 180 days of liquidation, importers may lose their right to a refund—even if the tariffs are later ruled unlawful.
How to Identify Entries Affected by IEEPA Tariffs
To identify entries affected by IEEPA tariffs, importers should review their customs data through the Automated Commercial Environment (ACE). Regular downloads of ACE reports help maintain a complete record of historical entries and ensure no affected shipments are overlooked.
Monitor Liquidation Dates to Protect Refund Eligibility
Monitoring liquidation dates is essential to protect refund eligibility. Importers should track liquidation timelines for all entries, especially those from early 2025, to ensure protests are filed within the 180-day window.
👉Importers can check when their entries liquidate on Official Notice of Extension, Suspension and Liquidation portal.
Request Liquidation Extensions to Buy Time
Requesting liquidation extensions can buy time to evaluate legal options. CBP may grant extensions for up to three years at its discretion. Importers should submit extension requests promptly and confirm approval with CBP. Liquidation extension requests are made with the Center for Excellence and Expertise assigned to the entry.
File Protests and Request Litigation Stays
File protests and request liquidation extensions to preserve your rights. When submitting a protest, include a request that CBP stay the protest pending the outcome of the IEEPA litigation. If honored by CBP, this ensures your claim remains viable if the courts invalidate the tariffs, without having to file a summons with the Court of International Trade.
Prepare for Court Action if Protests Are Denied
Prepare for court action if protests are denied. Importers may need to file suit in the U.S. Court of International Trade to continue pursuing refunds. Legal representation is essential to navigate this process effectively.
Document Claims and Exemptions Thoroughly
Document claims and exemptions thoroughly to support your refund eligibility. Maintain detailed records of tariff payments, entry data, and any applicable exemptions or special statuses.
Special Refund Considerations for FTZ Entries
Special refund considerations apply to FTZ entries in privileged foreign status. Importers with goods entered into Foreign Trade Zones under this designation may need to take additional steps to secure refunds.
⚖️Consult with a Customs Lawyer
Contact a customs lawyer to discuss your case, by reaching out to Great Lakes Customs Law by any method below.
📞 Call us at (734) 855-4999
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