Overview
- Judge Richard Eaton directed CBP to liquidate all unliquidated entries without IEEPA duties and to reliquidate entries that are not yet final, extending relief to every importer of record and consolidating refund cases before him with a follow-up conference set for Friday.
- CBP must stop including the voided tariffs in its liquidation process and has indicated refunds will include interest, with electronic payments limited to importers enrolled in the ACE Portal with ACH refund authorization.
- A Federal Circuit order earlier this week declined a 90-day delay, clearing the way for the trade court’s action, while the administration is expected to appeal and likely seek a stay within the 60-day window.
- Government collections from the invalidated duties exceed $130 billion, and potential refund exposure could approach $175 billion, with more than 2,000 suits filed and major companies such as FedEx pursuing repayment.
- As refunds proceed, the administration has pivoted to a 10% temporary surcharge under Section 122, with Treasury Secretary Scott Bessent signaling a possible increase to 15% this week.