Tariff refund portal opens

A federal customs portal opened Monday, April 20, letting businesses start claiming refunds for tariffs the Supreme Court threw out in February. (cbp.gov) U.S. Customs and Border Protection said the first phase runs through its Automated Commercial Environment portal, where importers of record and customs brokers must upload a comma-separated file listing the entries they want refunded. Phase 1 covers certain unliquidated entries and some entries liquidated within the last 80 days. (cbp.gov) As of April 9, more than 56,000 importers had registered for refunds, and Customs said 82% of the duties paid under the program — about $127 billion — are eligible in this first rollout. Refunds are not automatic, and Customs said the burden is on each importer to file. (cbsnews.com) The money traces back to a Feb. 20 Supreme Court ruling that struck down most of President Donald Trump’s tariffs under the International Emergency Economic Powers Act, a 1977 law usually used to restrict trade during national emergencies. The court ruled 6-3 that the law did not authorize the president to impose those tariffs. (scotusblog.com) The justices did not settle the refund mechanics in that ruling, leaving Customs and the Court of International Trade to work out how businesses would get paid back. Justice Brett Kavanaugh wrote in dissent that the government “may be required to refund billions of dollars” to importers. (scotusblog.com) Customs calls the new system CAPE, short for Consolidated Administration and Processing of Entries, and says it is meant to bundle refunds with interest instead of handling them one shipment at a time. The agency said approved claims should generally be paid electronically within 60 to 90 days after acceptance, unless a compliance issue triggers more review. (cbp.gov, hoganlovells.com) Not every Trump tariff is affected. The Supreme Court ruling reached the tariffs imposed under the emergency-powers law, including the fentanyl-related tariffs on China, Canada and Mexico and the broad “reciprocal” tariffs, but it did not wipe out tariffs imposed under other trade statutes. (scotusblog.com, cfr.org) Small-business advocates welcomed the portal but said the filing process still leaves companies doing the paperwork to recover money they should not have paid. Trade lawyers told CBS News that many firms will need brokers, records and bank setup in place before any refund arrives. (cbsnews.com) Monday’s launch moves the fight from the Supreme Court and trade court into customs accounts and spreadsheets. For importers that qualify, the next step is no longer waiting for a ruling; it is filing a claim. (cbp.gov, wosu.org)