IEEPA litigation – Sharretts, Paley, Carter & Blauvelt, P.C. https://spcblaw.com Mon, 01 Jun 2026 20:05:54 +0000 en-US hourly 1 https://wordpress.org/?v=7.1 https://spcblaw.com/wp-content/uploads/2025/10/cropped-SPCB-logo-plain-SVG-icon-32x32.png IEEPA litigation – Sharretts, Paley, Carter & Blauvelt, P.C. https://spcblaw.com 32 32 Government Announces Intent to Appeal CIT Order on IEEPA Duty Refunds https://spcblaw.com/2026/05/31/appeal-ieepa-refund-order/ Sun, 31 May 2026 19:33:58 +0000 https://spcblaw.com/?p=4101 The Government has now formally announced its intention to appeal the U.S. Court of International Trade’s order requiring refunds of IEEPA duties on finally liquidated entries. Specifically, the Government intends to challenge the Court’s authority to order refunds for importers that are not parties to the litigation and whose entries have become final.

Accordingly, companies that have not yet joined the litigation, but have potential refunds associated with entries that liquidated more than 90 days ago, should consider filing their own protective pleading with the CIT as soon as possible.

In this regard, given the Government’s position, it is increasingly likely that a company-specific court order will be required to recover refunds on finally liquidated entries.

Please contact us if you are interested in filing. We will continue to keep you apprised of further developments.

 

]]> CIT Raises Possibility of Broader IEEPA Duty Refunds on Entries Ineligible for CAPE Phase 1 https://spcblaw.com/2026/05/28/cit-broader-ieepa-duty-refunds/ Thu, 28 May 2026 18:23:29 +0000 https://spcblaw.com/?p=4099 This week, during a closed-door hearing at the Court of International Trade (CIT), Judge Eaton questioned why no progress has been made on refunding IEEPA tariffs paid in connection with entries beyond the “deemed liquidated” status stage. The Court requested that Customs submit a brief explaining why it should not be required to refund all IEEPA duties collected on all entries, regardless of liquidation status or date of liquidation.

The Court, unusually, has also instructed Rodney S. Scott, Commissioner of Customs, to appear in person on June 9, 2026, to discuss the agency’s plans to comply with the Court’s order to reliquidate all applicable entries without IEEPA duties.

Customs has also been instructed to submit an updated CAPE progress report by June 10, 2026.

Collectively, these developments suggest that the CIT is considering the possibility of ordering the broad refund of all IEEPA duties, including those associated with entries presently excluded from CAPE phase 1.

However, it is also possible the government will respond to these instructions by filing an appeal to the CIT’s original refund order. Any appeal would need to be filed by June 6, 2026.

With so many questions remaining, it is imperative that you continue to take the necessary steps to protect your company’s IEEPA refunds.

Please contact us to discuss the best course of action for your company at this time.

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