The Court of International Trade passed a ruling ordering refunds, and CAPE portal was built in order to process the same for importers that paid IEEPA duties from February 2025 to February 2026. That said, that’s not the end of the story, as is the case with most issues related to the government and its various agencies. Given this reality, many law firms are advising importers to expect delays while explaining to them the importance and risks of litigation. In addition, the government has up until mid-June 2026 to appeal Judge Eaton’s nationwide refund order to the Federal Circuit, and it is expected that the Department of Justice will do exactly that despite the operational status of the CAPE system. This begs the question – what is going to happen to your IEEPA refund while the appeal is pending, and what steps should you take to safeguard your claim regardless of the decision of the appellate court? Read on to find out.
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.
IEEPA Refunds Ruling – What if the Government Appeals Ruling?
Here are some important points you should take into consideration:
- Importers that have already filed CIT actions or protective protests using experienced attorneys have a stronger upper hand that those that haven’t, regardless of the outcome provided by the Federal Circuit as it relates to the IEEPA refund appeal. This is because the government has stated that, through court filings, you shall be able to standing to recover if you have taken active action via litigation or timely protests
- If you won’t have filed a lawsuit or protective protest won’t fare better than those that have, and may find themselves at the back of a very long line with regard to a Phase 2 refund portal that doesn’t have a launch date as of yet.
- Even if the government loses, the appeals process usually takes months due to a number of factors such as differences in briefing schedules, oral arguments, the filing of other court orders or injunctions and so on. Therefore, expect a decision from the Federal Circuit to take anywhere from 12 to 18 months, and while this is happening, CBP will continue processing Phase 1 claims for unliquidated entries that are within the 80-day liquidation window.
Best IEEPA Claims Refund Attorneys – Call Us Today!
The possibility of a complete reversal with regard to the Supreme Court order is highly unlikely but not outside the realm of possibility. That said, the appeal doesn’t change the fact that there is a statutory deadline that you must adhere to in order for your import company to qualify for these IEEPA refunds, which is 180 days from the date of liquidation. At McCready Law, we understand the urgency of these deadlines as well as advocate for the proactive filing of protective protests or lawsuits in order to protect our client’s right to receiving a refund. As a result, we have partnered with Frost Law Arizona, the country’s elite legal tax experts to help struggling corporations receive their refunds in a timely manner. We perform NO COST forensic assessment of your import entries to identify which are eligible for refunds, as well as file protective protests on your behalf as well as litigate your case should it get to that extent. Need more information on how to file a claim and receive your IEEPA refunds? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Thanks for choosing us, and we look forward to helping you in your IEEPA claim refund journey.