As previously reported, the Government has maintained that individual court orders will be required to obtain refunds of IEEPA duties on entries liquidated more than 80 days prior. Today, the Court of International Trade ("CIT") rescinded it's previous administrative order staying all new IEEPA litigation, which may signal that the CIT is preparing to issue such orders in the near term.

Recommended Action

Importers with entries on which IEEPA tariffs were paid, which were liquidated more than 80 days prior, and that have not yet submitted refund claims through earlier phases of the CAPE refund process should give serious consideration to filing an action at the CIT in the near term, given the accelerated litigation timeline we now anticipate.