U.S. trade court handles $166B refunds

U.S. importers can now start filing for refunds on tariffs the Supreme Court said the president had no power to impose under the International Emergency Economic Powers Act. (supremecourt.gov) (cbp.gov) The Court ruled on February 20, 2026, in *Learning Resources v. Trump* that IEEPA does not authorize tariffs. The case covered both the drug-trafficking tariffs on Canada, Mexico and China and the broader “reciprocal” tariff program. (supremecourt.gov) U.S. Customs and Border Protection launched the first phase of its refund system, called CAPE, on April 20, 2026. The agency said the tool lets importers and customs brokers upload a CSV file listing the entries for which they want refunds. (cbp.gov 1) (cbp.gov 2) Phase 1 is narrower than the headline refund number suggests. It covers most entries that are still unliquidated or are within 80 days of liquidation, while final liquidations, drawback claims, open protests and some other categories are excluded for now. (cbp.gov 1) (cbp.gov 2) CBP said each CAPE declaration can include up to 9,999 entries, and filers can submit more than one declaration. Refunds, including interest where applicable, are supposed to be consolidated rather than paid entry by entry. (cbp.gov 1) (cbp.gov 2) The trade court is still central to what happens next, even with the portal live. In a December 23, 2025 administrative order, Chief Judge Mark Barnett said new IEEPA tariff cases would be stayed while the court waits for a final, unappealable outcome in *V.O.S. Selections v. United States*. (cit.uscourts.gov) That means the immediate fight has shifted from whether the tariffs were lawful to which entries can be refunded now, which claims must wait, and which importers need separate court protection before liquidation becomes final. (cit.uscourts.gov) (cbp.gov) CBP told importers to expect valid refunds in roughly 60 to 90 days after a CAPE declaration is accepted, including about 45 days for agency review. Entries that are suspended, extended or under review will wait until liquidation. (cbp.gov) For companies that paid the tariffs, the process is now less about a single courtroom showdown than a race to match entry numbers, liquidation status and portal rules. The money is real, but so are the filing limits and timing traps. (cbp.gov) (cit.uscourts.gov)