As previously reported, the Government has maintained that individual court orders will be required to obtain refunds of IEEPA duties for entries liquidated more than 80 days ago. Today, the Court of International Trade (“CIT”) rescinded its previous administrative order staying all new IEEPA litigation, which may signal that the CIT is preparing to issue such orders in the near term.
Recommended Action
Importers with entries on which IEEPA tariffs were paid, liquidated more than 80 days ago, and that have not yet submitted refund claims through earlier phases of the CAPE refund process should give serious consideration to filing an action at the CIT in the near term, given the accelerated litigation timeline we now anticipate. Contact Jason Kenner or Will Marshall to discuss filing an action to preserve your rights to refunds.
