US Tariff Refunds: How We Got Here and Why This Is the Moment to Act

As murkiness persists around timing, process and eligibility – and administrative deadlines continue to run – companies with meaningful tariff refund exposure are deciding what steps to take now to preserve potential recoveries. The timeline below highlights the developments that matter most, what they mean for companies today and the options available as this unfolds.

IEEPA tariffs imposed across global imports

What happened

Beginning in February 2025, the president invoked the International Emergency Economic Powers Act (IEEPA) to impose tariffs on goods imported into the United States from nearly every foreign country. Importers paid these tariffs as goods entered the US – often at scale.

What happened

The US Supreme Court held on February 20, 2026, that the IEEPA did not authorize the president to impose tariffs. The Supreme Court did not address whether, or how, IEEPA tariffs already paid should be returned.

Key considerations

• Companies cannot rely on the Supreme Court decision alone to trigger recovery.
• Quantifying potential refunds is the first practical step.

What happened

On March 4, 2026, the Court of International Trade (CIT), which has exclusive jurisdiction over tariff refund cases, ordered US Customs and Border Protection (CBP) to unwind the IEEPA tariffs and issue refunds. Two days later, CBP advised the court that its existing systems are not equipped to process refunds at this scale and that it is developing new functionality within its Automated Commercial Environment, targeting readiness in approximately 45 days for valid refund requests.

Key considerations and next steps

• The CIT has directed that refunds occur, but the mechanics, timing and scope of relief remain unclear.
• Refunds can only be issued electronically, and importers must be properly enrolled to receive them. Effective February 6, 2026, CBP issues all refunds electronically. Refunds submitted for importers that have not completed the required setup will be rejected, and CBP has already been unable to process thousands of refunds for this reason.
• Importers should begin preparing a CSV listing entry numbers for entries on which IEEPA duties were paid, which CBP has indicated will form the basis of refund submissions. Additional submission requirements have not yet been defined.

Appeals loom and procedural risk increases

What is expected to happen

While CBP develops its system, many expect the government to appeal the CIT’s order and seek a stay pending appeal. In ongoing litigation, the government has also taken the position that importers may need to file lawsuits to preserve full refund rights.

Key considerations and next steps

• A stay could pause refund progress entirely.
• Relief may hinge on whether companies took protective legal steps.
• Companies must decide whether to act now or risk losing leverage later.

Deadlines begin to close

What is expected to happen

Separately from the court process, standard customs liquidation and protest timelines continue to run. Under typical timelines of approximately 314 days, deadlines for filing protests begin expiring as early as June 2026.

Key considerations and next steps

• Missed administrative steps may be used to argue refund rights were waived.
• Some recovery paths may close before courts resolve open questions.

What companies can do now to preserve potential refund rights

For companies that want to maximize the preservation of their refund rights without taking on upfront cost, Cooley is offering a contingency-based recovery option in coordination with Susman Godfrey, a leading litigation firm, and Miller & Chevalier, an international trade firm. Any engagement would be subject to Cooley’s standard intake and approval processes, including conflicts review, and would require a formal engagement agreement.

Supporting administrative steps

Companies are also taking steps to preserve their positions administratively, including by:

• Submitting standard filings with CBP to preserve potential refund rights.
• Gathering and organizing import data needed for potential refunds, including preparing CSV‑format files required under the CBP system now in development.
• Enrolling in US Customs’ Automated Clearinghouse (ACH), which is required to receive any electronic tariff refunds.

For companies with meaningful exposure that want to maximize their rights to any potential refund, the optimal approach may be a “belt and suspenders” strategy – pairing administrative preservation with a contingency‑based legal path so that recovery options remain open regardless of how the courts or CBP ultimately proceed.