Question 2: What types of companies have been most impacted by IEEPA tariffs?

Eric Danner: IEEPA tariffs have most directly impacted importers because they have to pay duties. The consequences, however, have extended broadly across the supply chain, with manufacturers, shippers, and retailers experiencing increased costs, pricing pressure, and operational disruption from the additional tariffs.

Question 3: What are the key entities involved in processing tariffs?

Adam Hanover: Several parties participate in the tariff process. The payors of tariffs are the Importers of Record, who are legally responsible for declaring imported goods and paying duties. The U.S. Customs and Border Protection (CBP) is the federal agency that processes imports, assesses tariffs, and collects payments. The U.S. Court of International Trade (CIT), a specialized federal court with jurisdiction over customs and trade matters, adjudicates disputes over tariffs.

Question 4: How are tariffs initially processed and paid by companies?

Eric Danner: When goods are imported into the United States, companies prepare and submit CBP Form 7501. This form identifies the imported merchandise, applies the appropriate Harmonized Tariff Schedule code, and reflects the estimated duties owed. At the time of importation, companies pay these estimated tariffs to CBP.

Question 5: What happens after the companies submit the 7501 forms to CBP?

Eric Danner: After submission, CBP reviews and processes the Form 7501 to determine the final dollar amount of tariffs owed. While the importer initially pays an estimated amount, CBP later completes its review and issues a final determination of duties through a process known as liquidation.

Question 6: What is liquidation?  

Adriaen Morse: Liquidation is CBP’s final determination of the amount of duties owed on an imported entry. This amount may be equal to, greater than, or less than the estimated duties originally paid. Absent a timely challenge, liquidation marks the conclusion of the import transaction.  

Question 7: How long does the CBP have to liquidate import tariffs?

Cory Kirchert: CBP generally has one year from the date of entry to liquidate an import. It issues the liquidation notice through its Automated Commercial Environment (ACE). If CBP does not act within this required period, the entry is deemed liquidated at the amount of estimated duties paid. If CBP determines that the final amount owed exceeds the estimated payment, it may issue a bill; if the final amount is lower, CBP may issue a refund with interest.

Companies have just 180 days to challenge tariff determinations – and in some cases up to 1 year to seek relief.

Question 8: How long do companies have to contest the CBP’s liquidated amount?

Adam Hanover: Companies generally have 180 days from the date of the liquidation to contest CBP’s determination by filing a protest using CBP Form 19. In cases involving a clerical error or mistake of fact, companies may have up to one year to seek relief.

Question 9: What happened after the Supreme Court ruled that the IEEPA tariffs were unauthorized?

Adriaen Morse: Following the Supreme Court’s ruling and subsequent legal proceedings, the Court of International Trade instructed CBP to issue refunds of IEEPA tariffs. CBP agreed to implement a refund process consistent with that instruction.

Question 10: Does the 180-day limitation period apply to refund claims even though the Supreme Court ruled that the IEEPA tariffs were unauthorized?

Cory Kirchert: Yes. Although the tariffs were found to be unauthorized, recovery of amounts paid to CBP remains subject to statutory limitation periods. The 180‑day protest period should be viewed as the default rule. For IEEPA tariffs paid more than 180 days ago, companies may still seek recovery by asserting a clerical error or mistake of fact within one year or by commencing an action in the Court of International Trade. Importantly, the Supreme Court’s decision addressed presidential authority, not the customs‑law doctrines of liquidation and finality. As a result, uncertainty remains, particularly for entries that have already liquidated without a timely protest. The most conservative approach is to file a Form 19 protest within 180 days, as early as practicable, and promptly pursue relief in the Court of International Trade if CBP denies the claim.

Question 11: How will the IEEPA refund process work?

Eric Danner: CBP processes imports electronically through its Automated Commercial Environment (ACE). To facilitate IEEPA refunds, CBP added a new module within ACE called the Consolidated Administration and Processing of Entries (CAPE). All IEEPA tariff refunds will be processed through CAPE, which became effective on April 20, 2026.

Question 12: What do Importers need to do to execute the refund process?

Adam Hanover: To initiate the IEEPA tariff refund process, importers must take several coordinated steps within U.S. Customs and Border Protection’s electronic systems. First, importers must access the Automated Commercial Environment (ACE) and navigate to the Consolidated Administration and Processing of Entries (CAPE) portal. Through CAPE, the importer or its customs broker prepares and submits a CAPE Declaration identifying the imports that were subject to IEEPA tariffs.

Once the declaration is submitted, CBP compares the information provided in the CAPE Declaration against the underlying import data already on file in ACE. Based on that comparison, CBP calculates the amount of IEEPA tariffs that were paid on the imports covered by the declaration. CBP then issues the refund electronically to the importer.

Question 13: What should companies do now?

Adam Hanover: Companies that paid IEEPA tariffs should act promptly by filing a CAPE Declaration through the CAPE system. Taking this step as soon as practicable helps ensure that refund claims are properly initiated and positions companies to recover amounts paid under the invalidated tariffs.

Question 14: What should companies do if they want to confirm the accuracy of their IEEPA Tariff refund?

Adam Hanover: Companies seeking to validate the accuracy of their refund amount may engage a qualified professional, such as CohnReznick, to independently review the refund calculation. An independent review can help confirm that the correct entries were included, the appropriate tariff amounts were identified, and the refund issued by CBP aligns with the company’s import data.

Question 15: What should companies do if they want to contest their IEEPA Tariff Refund

Adriaen Morse: Companies that believe their IEEPA tariff refund is incomplete or incorrect should begin by determining the procedural status of each affected import entry – specifically, whether the entry is unliquidated, liquidated, or finally liquidated – because the available remedies depend on that posture.

If the protest window remains open, the conservative approach is to file a timely protest using CBP Form 19 within 180 days of liquidation to preserve the company’s rights. If CBP denies the protest, the company generally has 180 days from the date of denial to bring an action in the U.S. Court of International Trade. Throughout this process, companies should preserve all supporting documentation, including entry records, CAPE submissions, and proof of payment, and should not assume that submission through CAPE alone preserves all litigation or appeal rights.

Question 16: What should a company do if it wants to (a) sell its refund claim or (b) purchase a refund claim from a third party?

Cory Kirchert: A company considering the sale or purchase of an IEEPA tariff refund claim should first retain a qualified professional, such as CohnReznick, to confirm the accuracy and reliability of the potential refund amount. In addition, companies should proceed cautiously, retain legal counsel to draft or review transaction documents, and conduct thorough legal and financial diligence to understand the risks, limitations, and enforceability of the claim.