Apr 20th, 2026
IEEPA Refund Litigation – Update, Strategic Recommendations, and Considerations Regarding CBP’s CAPE System
EXECUTIVE SUMMARY CBP conducted its first public webinar on the Consolidated Administration and Processing of Entries (“CAPE”) system on April 16 and confirmed that Phase 1 will go live on April 20, 2026. We recommend that all clients with eligible IEEPA entries be ready to file CAPE Declarations when the…
Mar 9th, 2026
IEEPA Tariffs Refunds Update
This update follows our March 5 memo regarding Judge Eaton’s unprecedented Orders in Atmus Filtration. Bottom Line Judge Eaton has made his position clear that all IEEPA duties must ultimately be refunded to all importers. The scope of that relief is unprecedented, but the power of the U.S. Court of…
Mar 5th, 2026
Court of International Trade Orders All IEEPA Tariffs Refunded: Will it Stick?
On Wednesday, March 4, 2026, Judge Richard Eaton of the U.S. Court of International Trade ordered U.S. Customs and Border Protection to liquidate or reliquidate all entries on which IEEPA tariffs were deposited, with a refund of those tariffs, plus interest, to all importers who paid the duties. A copy…
Feb 17th, 2026
SEEKING REFUNDS OF IEEPA TARIFFS? THE TIME TO ACT IS NOW
As the nation awaits the Supreme Court’s decision in V.O.S. Selections v. United States, the challenge to President Trump’s International Emergency Economic Powers Act (IEEPA) tariffs, importers are pondering whether, and how, to assert claims for refunds of these tariffs. The stakes are huge: approximately $130 billion (and counting) in…
Feb 17th, 2026
NEW CIT LAWSUIT CHALLENGES CUSTOMS VALUATION OF “DERIVATIVE” STEEL, ALUMINUM AND COPPER PRODUCTS
A lawsuit recently filed in the United States Court of International Trade challenges the method which Customs is using to assess Section 232 “national security” tariffs on steel, aluminum and copper “derivative products”. In Express Fasteners, Ltd v. United States, Court No. 26-00853, an Illinois-based importer of screws, bolts, nuts…