IEEPA Refund Update for Importers
There are paths to refunds of IEEPA duties for importers if the government loses in V.O.S. Selections, Inc. v. U.S. and Learning Resources, Inc. v. Trump before the Supreme Court (covered in our previous trade alert):
- Protest filing with CBP – Although it is not settled whether IEEPA protests are the proper avenue for relief, we recommend filing protests in case CBP decides to grant them pursuant to the court’s decision.
- Court filing in the CIT – For those entries for which a protest is unavailable, importers could file a suit under the Court of International Trade’s (“CIT”) residual jurisdiction. Until the Supreme Court’s decision is rendered, it may be premature to file suits before the CIT for IEEPA refunds. Keep in mind, there is a two-year statute of limitations for filing suit under the CIT’s residual jurisdiction.
- Administrative refund procedure – The courts may implement an administrative refund procedure to refund IEEPA duties. This may supersede the options above.
In anticipation of filing protests for IEEPA refunds, importers should begin cataloging their entry liquidation data in ACE and collecting all payment records of IEEPA duties.
Importers that are interested in preserving their rights to IEEPA refunds should contact R&K as soon as possible.
