- 2026-03-13
The United States Court of International Trade ordered the refund of tariffs.
New York, March 4th (Reporter Liu Yanan, Xu Jing) - On the 4th, a judge of the US Court of International Trade ruled in a lawsuit, demanding that the US Customs and Border Protection Agency refrain from imposing tariffs during the customs clearance process in accordance with the US "International Emergency Economic Powers Act". This means that the tariffs previously imposed under this law must be refunded.
The ruling requires that for all customs declarations of US importers that have been reported under the "International Emergency Economic Powers Act" but have not yet completed the customs clearance, the US Customs and Border Protection Agency shall not conduct the clearance in accordance with the relevant provisions of the "International Emergency Economic Powers Act"; for the customs declarations that have occurred but have not yet taken effect, they need to be re-cleared, and also shall not be conducted in accordance with the relevant provisions of the "International Emergency Economic Powers Act".
According to the regulations, US importers will prepay the customs duties within several days after the goods enter the country. The US Customs and Border Protection Agency usually determines the amount of customs duties to be paid and conducts customs clearance 314 days later, making adjustments for excess or shortage. After the clearance occurs, importers have 180 days to submit protests. This window period after which the clearance becomes legally final.
On February 20th, the US Supreme Court announced its ruling, determining that the "International Emergency Economic Powers Act" did not authorize the president to impose large-scale tariffs. A senior judge of the US Court of International Trade, Richard Eaton, said that all US importers who have paid tariffs under the "International Emergency Economic Powers Act" have the right to benefit from the recent US Supreme Court ruling on tariffs.
After President Trump returned to the White House in early 2025, he repeatedly invoked the "International Emergency Economic Powers Act" to introduce large-scale tariffs. According to the budget model of the Wharton School of the University of Pennsylvania, the refund amount involved in the final ruling on tariffs by the Supreme Court reached 175 billion US dollars. US importers and the government may engage in a protracted struggle over the refund.
