Overview
- U.S. Customs and Border Protection has opened its CAPE portal and is processing a large share of refunds for unliquidated entries, with the government reporting roughly $85 billion entered for processing and about $20.6 billion approved for disbursement.
- The Department of Justice has moved to appeal the Court of International Trade’s universal reliquidation order and argues that once an entry is finally liquidated CBP lacks authority to reliquidate or refund money without an individual court order.
- The Administration has framed refunds in three categories: refunds CBP can process for unliquidated entries, refunds for finally liquidated entries already subject to importer suits, and finally liquidated entries where no suit has been filed that it seeks to exclude from universal relief.
- The appeal creates immediate stakes for importers because entries can become finally liquidated over time and those importers may need to file suit in the Court of International Trade to preserve their right to recover tariffs.
- Carriers and importers face payment, billing and reputational challenges because some logistics firms said they would return refunds to payers yet are facing class actions, and companies must now decide how to account for and handle funds that are entering their balance sheets.