IEEPA tariff refunds: The recent CIT ruling and Section 122 updates
Key Update: IEEPA Tariff Ruling & Refund Process
A recent ruling by the U.S. Supreme Court determined that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were not legally authorized, effectively invalidating those duties and opening the door for potential refunds to importers.
Following the decision, the Court of International Trade (CIT) directed U.S. Customs and Border Protection (CBP) to begin processing refunds for eligible entries. This includes both unliquidated imports and certain previously finalized entries that fall within the allowable protest period. However, due to the scale of impacted transactions, CBP has indicated that refunds may take time to process.
In parallel, IEEPA tariffs have been replaced by new duties under Section 122 of the Trade Act of 1974, initially set at 10% and expected to increase to 15% on select countries. Other existing tariffs, such as those under Sections 232 and 301, remain unchanged.
For businesses, eligibility for refunds depends largely on import timing, liquidation status, and proper documentation. Companies are encouraged to review their import records, monitor ongoing regulatory updates, and prepare necessary documentation to support potential claims.
Source: Summary of U.S. Supreme Court IEEPA ruling and U.S. Court of International Trade (CIT) guidance on tariff refunds (February–March 2026)
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