CBP To Begin First Phase Of Tariff Refunds Following Supreme Court Ruling

Authored by Aldgra Fredly via The Epoch Times,

U.S. Customs and Border Protection (CBP) is set to begin the first phase of its refund process for certain tariffs on April 20, following a ruling by the Supreme Court in February.

CBP will deploy the Consolidated Administration and Processing of Entries (CAPE) through its Automated Commercial Environment (ACE) system, which would allow businesses to seek refunds for tariffs they paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The Supreme Court ruled on Feb. 20 that the IEEPA does not clearly authorize the president to impose tariffs.

The agency said the CAPE will be implemented in phases, with the first phase starting at 8 a.m. ET on April 20 and covering “certain unliquidated entries and certain entries within 80 days of liquidation.”

The system is designed to “consolidate refunds of IEEPA duties including interest rather than processing refunds on an entry-by-entry basis,” according to CBP.

It stated that importers and licensed customs brokers are required to set up an account on the ACE portal, submit bank account details, and file declarations for imports on which tariffs were paid.

“Importers and authorized brokers should anticipate that valid IEEPA refunds will generally be issued within 60–90 days following acceptance of the CAPE declaration, unless a compliance concern requires further CBP review, ” the agency stated on its website.

“However, certain scenarios, such as entries that are extended, suspended or under review, and warehouse entries, will maintain their liquidation status with validated refunds issued at liquidation.”

In a court filing dated April 14, CBP Executive Director of Trade Programs Brandon Lord said the agency was dealing with “an unprecedented volume of refunds,” with more than 330,000 importers filing about 53 million entries in which they deposited or paid tariffs imposed pursuant to IEEPA as of March 4, which amounted to $166 billion.

“[The CBP’s] existing administrative procedures and technology are not well suited to a task of this scale and will require manual work that will prevent personnel from fully carrying out the agency’s trade enforcement mission,” Lord said, adding that CBP was working to have its ACE functionality ready for use within 45 days.

The Trump administration has been looking at alternative legal avenues after the Supreme Court struck down the reciprocal tariff framework.

U.S. Trade Representative Jamieson Greer said on Feb. 20 that his office would launch new investigations under Section 301 of the Trade Act, covering most major trading partners.

The probe intends to counter “unjustifiable, unreasonable, discriminatory, and burdensome acts, policies, and practices,” Greer said. Further tariffs may be applied if unfair practices are found, he added.

The new trade investigations will cover various areas, including industrial excess capacity, forced labor, pharmaceutical pricing practices, discrimination against U.S. technology companies and digital goods and services, digital services taxes, and ocean pollution.