Here’s a fact that you won’t hear about from your customs broker if you’re an importer that just found out is owed tens or hundreds of thousands thanks to the IEEPA refund order by the Supreme Court ruling: you have approximately 180 days from the date of the liquidation of each of your entries to file what’s called a formal protest under 19 U.S.C. § 1514. Should you miss this window, then your right to a refund on this entry permanently expires regardless of the meritorious aspect of your claim, or how many appeals the government loses in its fight to get the Supreme Court to reverse its decision about the refundability of these tariffs. As per Judge Eaton, the Court was explicit in its order, and he stated that no resolution was reached with respect to the reliquidation of entries for which liquidation has become final.
He also noted that importers need to be aware of the remedies under 19 U.S.C § 1514 which was basically a polite legal way of asking you to act now because the CAPE portal won’t swoop in and save you should this deadline passes. If you’re a corporation’s CFO or CEO, you’re probably reading this with a confused look on your face, and we can’t blame you: the IEEPA refund snafu has just started and is set to continue, with mass chaos in the horizon given the lack of clarity with regard to instructions on how to apply for these IEEPA refunds and how to go about the entire process without triggering a False Claim ordinance. If you’re looking for information or assistance about IEEPA refunds for USA companies, keep reading to find out how you can secure your refund in order to renavigate these resources back into your corporation.
Are you looking for a best IEEPA refunds attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation as they relate to IEEPA refunds and the process. McCready Law is proud to announce that we have joined forces with Frost Law Arizona to help corporations and businesses that were unlawfully levied duties against during the February 2025 to February 2026 period, and thanks to the Supreme Court ruling, the government was ordered to pay back all these duties to over 300,000 affected businesses across the country. Our strategic partnership means we are able to assess your claim, consolidate your entries via an in-depth forensic audit to discover just how much the government owes you, file protective orders on your behalf, and even litigate your claim in front of the Court of International Trade should the government become recalcitrant about processing your IEEPA refunds. We offer the forensic audit at NO CHARGE as well as a 100% FREE initial consultation phone-call, and we work efficiently and ensure all your valid entries are presented as a complete dossier to CBP and relevant authorities, leaving you to focus on more pressing business matters. Need assistance with IEEPA refund rejections or processing? Call us NOW at (314) 481-63338 to speak with an experienced attorney and tax experts at no cost to you.
What Exactly is a Protective Protest, and How Can McCready and Frost Law Help You?
A protective protest isn’t a routine administrative filing that your customs broker can handle via a few keystrokes. This is an official and formal legal document which essentially preserves your right to challenge the liquidation of an entry by CBP. Once you file this, the finality clock stops indefinitely
Here are some of the facts surrounding the inner workings of a protective protest:
- You have 180 days from the date of liquidation to file a CBP protest. We help pull this data from ACE and ensure that you’re nowhere near this date, via a free forensic audit
- The protest must specify the specific entry as well as state constitutional grounds under the IEEPA Supreme Court ruling, while specifying the relief you are seeking. This calls for a deep understanding of constitutional law in which we are well-versed.
- Once this is filed, CBP has two years to respond, and during that time, your entry cannot be made final, and you retain the rights to a refund, regardless of whatever happens with the CAPE portal or in the courts or even if CBP decides to pause all IEEPA refunds indefinitely
- If your protest is denied, we as McCready Law and Frost Law Arizona file a complaint at the Court of International Trade within 180 days, and we use this tactic to ensure that even if the government limits refunds, it is unable to do so for those that took legal action when the ability to do so was present.
Best IEEPA Refunds Lawyers – Call Us Today
If all of this sounds confusing, we totally understand. There are legal maneuverings we cannot get into in this article, and they are best explained via an in-office meeting or a detailed phone call. If your corporation paid import duties between February 2025 to February 2026, you may be entitled to IEEPA refunds. If you would like more information on how litigation can help facilitate these refunds, please give us a call NOW at (314) 481-63338 to speak with one of our experienced litigators and tax attorneys. Thanks for choosing McCready Law and Frost Law Arizona, and we look forward to helping you.