U.S. tariff rules stay unstable
The U.S. administration will open a portal on April 20 for businesses seeking refunds for tariffs struck down by the Supreme Court, even as officials signal tariffs could be reinstated under different authority as soon as July. Large American firms are expressing caution about renewed Section 301 action, leaving timing and rules uncertain. (cbsnews.com) (foxnews.com)
U.S. businesses can start applying on April 20 for refunds on tariffs the Supreme Court threw out, but the administration is already laying plans for new duties by July. (cbsnews.com) (news.bloomberglaw.com) U.S. Customs and Border Protection said its CAPE portal — short for Consolidated Administration and Processing of Entries — will open April 20 for refund claims tied to the invalidated duties. CBS News reported the process is not automatic and is limited to unliquidated entries and tariffs finalized within the past 80 days. (cbsnews.com) The refund fight stems from a February 20 Supreme Court ruling that said the International Emergency Economic Powers Act, a 1977 sanctions law, did not authorize President Donald Trump’s sweeping import tariffs. A federal appeals court then refused on March 2 to delay that ruling, clearing the way for the trade court to start shaping refunds. (cbsnews.com) Judge Richard Eaton of the U.S. Court of International Trade ruled on March 5 that importers are entitled to benefit from the Supreme Court decision. CBS News said trade experts estimate the government could owe businesses as much as $175 billion, after Customs collected $134 billion in duties under the emergency-power tariffs through the end of 2025. (cbsnews.com) The administration did not drop tariffs altogether after the court loss. On February 20, the White House invoked Section 122 of the Trade Act of 1974 to impose a temporary 10% import duty for 150 days, with the surcharge taking effect on February 24. (whitehouse.gov) Section 122 is temporary by design, so officials have been building a longer route under Section 301, the trade law the United States uses to investigate foreign practices it says burden U.S. commerce. On March 11, U.S. Trade Representative Jamieson Greer opened Section 301 investigations into manufacturing overcapacity involving China, the European Union, Japan, India, Mexico and 11 other economies. (ustr.gov) Those cases are moving on a compressed calendar. The Federal Register notice says comments and hearing requests were due April 15, and public hearings are scheduled to begin May 5 at the U.S. International Trade Commission in Washington. (federalregister.gov) Treasury Secretary Scott Bessent said this week that tariffs could return to previous levels by the beginning of July through the Section 301 process. Bloomberg Law reported Bessent said the Supreme Court decision was a setback, but the administration was conducting Section 301 studies to restore the duties. (news.bloomberglaw.com) That leaves importers dealing with two clocks at once: one for claiming money back on old tariffs, and another for planning around possible new ones before the summer is over. Large companies including Bausch & Lomb, Dyson, FedEx and L’Oréal have already sued for refunds, while U.S. agencies keep advancing the next tariff docket. (cbsnews.com) (federalregister.gov)
