Law 360: Why Importers Should Assess IEEPA Refund Claims Now

Analysis by: Samuel D. Finkelstein, Associate

The legal battle over President Donald Trump's International Emergency Economic Powers Act tariffs may be over, but for many importers, the battle to obtain duty refunds is not.

Although the tariffs were held unlawful earlier this year, the government maintains that importers with IEEPA entries in final-liquidation status must obtain court orders before U.S. Customs and Border Protection can reliquidate those entries and issue refunds. As a result, thousands of importers have filed suit in the U.S. Court of International Trade seeking recovery of IEEPA duties.

With 2027 fast approaching, importers that have not yet filed suit must determine whether litigation is necessary and, if so, how much time they have left to file under the applicable statute of limitations. Importers that fail to file before the relevant deadline may permanently forfeit their ability to recover otherwise refundable duties.

In a new Law360 Expert Analysis, our associate, Samuel Finkelstein, examines why importers with finally liquidated entries may need to act quickly to preserve their refund claims.

This analysis can be found in its entirety here.

A PDF of the analysis can be found here.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with LMD Trade Law PLLC or its affiliates.