Potential Refund Opportunity for Certain U.S. Tariffs Paid
Organizations that import goods into the United States may have a new opportunity to recover previously paid tariffs.
Earlier this year, the U.S. Supreme Court determined that certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were not legally authorized. In response, U.S. Customs and Border Protection has introduced a formal process allowing eligible importers to request refunds of those tariffs.
What Has Changed
The federal government has launched a refund process through the ACE Secure Data Portal, enabling businesses to submit claims for qualifying IEEPA tariffs. It is important to note that refunds are not automatic. Eligible importers must take action and submit a formal request for consideration.
The rollout is occurring in phases, meaning not all entries are currently eligible.
Who May Be Eligible
Businesses may qualify for a refund if they:
- Imported goods into the United States during the affected timeframe
- Were listed as the importer of record on the Customs entry, and
- Paid tariffs that were imposed under IEEPA authority
Which Entries Are Currently Covered
At this stage, the program is limited specifically to IEEPA-related tariffs and does not apply to other trade duties or tariff programs.
Phase 1 eligibility includes:
- Import entries that have not yet been finalized by Customs
- Import entries finalized within approximately the last 80 days
Additional categories of entries may be included as the program expands.
What Action Should You Take
To pursue a refund, a formal request must be submitted through the ACE Secure Data Portal by the importer of record or the customs broker who filed the original entry.
Once submitted and accepted, refunds are generally expected within 60 to 90 days and are typically issued via electronic deposit to a U.S. bank account.
As with any refund opportunity, businesses should evaluate their specific facts and circumstances, including legal and administrative considerations, before proceeding.
Resource
Visit the International Emergency Economic Powers Act (IEEPA) Duty Refunds Webpage for additional details.
