Government Fights Trade Judge’s Order for Tariff Refunds to All Importers
Government lawyers say the trade court exceeded its authority, while nearly $100 billion in tariff refunds has already been processed, officials said.
- On Monday, government lawyers appealed a ruling by Judge Richard Eaton, who ordered U.S. Customs and Border Patrol to issue tariff refunds to all companies that paid duties deemed illegal in February, including those that did not file lawsuits.
- The government argues that Eaton's universal injunctions conflict with the Supreme Court's decision in CASA, which limited applying rulings to non-party entities, though Eaton maintains those limits do not apply here.
- CBP has already processed and certified $100 billion in refunds, with the majority of payments already distributed to companies that finalized their customs entries.
- The Liberty Justice Center reports that nearly 20,000 refunds totaling $1.6 billion remain in limbo because companies failed to provide or incorrectly entered their banking information.
- Importers who did not join specific lawsuits may still seek relief, as government lawyers stated these companies are free to file legal claims within the applicable statute of limitations.
20 Articles
20 Articles
Trump administration invokes birthright citizenship Supreme Court case in appeal to block wide tariff refunds
Lawyers argue the judge exceeded his authority by ordering refunds for companies that never sued, citing a Supreme Court limit on blanket injunctions.
The tariff refund battle has a new front with a $100B backdrop
The federal government is fighting to claw back tariff refunds that a trade court ordered it to pay—even to companies that never sued to get them. In a brief filed Monday with the U.S. Court of Appeals for the Federal Circuit, government lawyers argue that a Court of International Trade judge overstepped his authority when he ordered U.S. Customs and Border Protection to refund all companies that paid tariffs ruled illegal in February, not just …
US government says judge overstepped by ordering universal tariff refunds
While the judge presiding over the trade court litigation determined that restrictions regarding universal injunctions do not pertain to these tariff proceedings, the government maintains its opposition to his ruling
Government lawyers fight trade judge’s order to refund importers for tariffs
Government lawyers said a Court of International Trade judge overstepped his authority by ordering the U.S. Customs and Border Protection to issue refunds to all companies that paid tariffs that were deemed illegal in February, even those that didn’t file a lawsuit in trade court. The government filed an appeal with the U.S. Court of Appeals for the Federal Circuit in June and filed its opening brief on Monday. In it, government lawyers point to…
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