On May 7th the Court of International Trade ruled 2-1 in favor of Burlap and Barrell, Inc. V. Trump which effectively declared the 10 percent global Section 122 tariffs unlawful, stating that President Trump did not have the statutory authority to impose the same as his proclamation was in contravention of the 1974 Trade Act which states that in order for his proclamation to be legitimate, there needed to be a large and serious balance-of-payments deficit. If you’re the CFO or comptroller of a corporation that regularly imports raw materials or finished goods and have been paying duties on the same since they were imposed starting February 24th, 2026, you must be asking yourself – does this mean that more refunds are coming, or do the refunds only stop at the IEEPA Supreme Court ruling that was passed earlier this year? Read on to find out more.
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.
More Information About the Section 122 Court Rulings and Why it Matters
The CIT majority asserted that the President proclamation was not a response to trade deficits or a negative net international investment position which is a prerequisite when it comes to imposing the 1974 statute.
However, here’s where it gets interesting and narrow:
- The Court of International Trade refused to issue a nationwide injunction, stating that Trump v. CASA, Inc., which also limited the lower federal courts power to issue universal relief. What this means for your corporation is that unless you’re one of the three named plaintiffs, you should expect that CBP will continue collection Section 122 duties until a higher court states otherwise
- The government, true to form, shall most likely appeal, and it has up until May 12th 2026 to do so. All law firms engaged in this tariffs refund issue are tracking the case, and should a stay be granted, the tariffs will be reinstated, with litigation expected to persist for months, if not years.
- That said, according to the law, these tariffs are set to expire o July 24th of 2026, and Section 122 caps tariffs at 150 days unless Congress passes an order extending them. In addition, even if the government loses every appeal, the 10 percent surcharge will disappear by late July, meaning the refunds are confined to February 24th to July 24th, 2026
As a best IEEPA refunds law firm, we can tell you this: the Section 122 litigation is set to follow the same playbook and probably trajectory as the IEEPA cases, which means the same strategic moves must apply. The government will continue to appeal, the courts will deliberate, all the while tariffs are being collected and the clock keeps running.
Best Tariff Refunds Law Firm – Call Us Today!
This is precisely why McCready Law, in conjunction with Frost Law Arizona, is offering bespoke legal assistance when it comes to ensuring you receive your Trump tariffs refunds back. We start by providing you with a NO-COMMITMENT forensic audit of your 122 entries, and determine whether filing a protective action makes sense at for your exposure level, or we should go ahead and litigate to protect your rights. Need to learn more? Please give us a call NOW at (314) 481-63338. The call is 100% FREE, and there is no commitment and nothing to sign. Thanks for choosing McCready Law, and we look forward to helping you.