Treasury Secretary Scott Bessent confirmed this week that if the Supreme Court strikes down President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs, the U.S. government will have no choice but to refund a significant portion of the duties collected.
The case: Lower courts have already ruled that Trump overstepped by using IEEPA, meant for emergency sanctions, to implement broad tariff policy. The Supreme Court will now decide, with arguments expected as early as November.
The money: Refunds could total hundreds of billions, with some projections topping $130 billion through 2025 alone.
The fine print: It’s not yet clear whether refunds would extend to all importers or only those who filed lawsuits or protests.
For importers, the takeaway is clear: track entries, preserve refund rights, and be prepared for a long process if the Court rules against the tariffs.
The U.S.–Japan trade deal is now live, and nearly all Japanese imports face a 15% baseline tariff. If the normal duty is less than 15%, it’s bumped up; if it’s higher, the original rate applies.
The rule applies retroactively to shipments entered on or after Aug. 7, 2025.
CBP will issue refund instructions for duties already paid at higher rates.
Exceptions include civil aircraft, some natural resources, and generic drugs.
Importers of autos, parts, and consumer goods should review recent entries and be ready to claim refunds once CBP guidance is published.
Importers are seeing a surge in CF-28 requests—Customs’ formal demand for more information on an entry. These are showing up across the board, even for smaller companies that have imported for years.
CBP is zeroing in on:
Duty-free claims under Chapter 98
USMCA certifications
Shifts in valuation or classification
If you receive a CF-28, you have 30 days to respond. Attorneys recommend tightening supplier contracts, documenting everything, and being conservative with code changes. The message from CBP is clear: enforcement is ramping up, and importers need to be ready.
At All-Ways, we’re tracking these developments closely. From potential refunds to new tariff rules and tighter audits, our team is here to help you stay compliant and plan ahead with confidence.
