Supreme Court decision and immediate effects
More than a month after the U.S. Supreme Court struck down most of the Trump-era tariffs imposed under the 1977 International Emergency Economic Powers Act, companies across industries are taking varied steps to recover duties they paid while hoping for a workable refund process.
Who has sued and the scale of litigation
Only a small portion of the roughly 300,000 companies affected by the IEEPA tariffs have initiated suits in the U.S. Court of International Trade, attorneys say. Those that have tend to be larger firms with heavier legal resources or larger sums at stake, according to Jonathan Todd, an international trade attorney at Benesch Friedlander Coplan & Aronoff.
Since the Supreme Court first heard oral arguments in the tariff case on Nov. 5, 2025, Manufacturing Dive research shows more than 3,000 cases involving tariffs, duties, fees or related taxes have been filed in the Court of International Trade, though not all are IEEPA refund claims.
Administrative claims and the CAPE portal timeline
Many companies have filed administrative claims with U.S. Customs and Border Protection or are awaiting refunds through CAPE, CBP’s Consolidated Administration and Processing of Entries digital portal that was scheduled to launch in April. Other businesses are holding off because they are uncertain about the right course of action.
"I have a number of clients who want to take every action they can, and those tend to file lawsuits," Todd told Manufacturing Dive. "Others are waiting because they see this as an evolving situation that we will have greater clarity on soon."
Todd also said some clients avoid seeking refunds because of administrative burdens or for "political and commercial reasons," including fear of potential retribution from the Trump administration.
Who is entitled to refunds and the risk of downstream disputes
Complications arise because CBP’s CAPE system recognizes the importer of record as the party entitled to refunds, which may not be the company that ultimately bore the tariff cost. Importers frequently pass tariff expenses down the supply chain, creating questions about whether downstream purchasers or suppliers that absorbed costs are also entitled to recoveries.
Those tensions have already produced legal conflict: some companies that publicly sought refunds on behalf of customers have since faced class action suits, according to attorneys working on these matters.
Limitations of CAPE and criticisms of the approach
Attorneys warn CAPE’s first iteration may not handle all refund scenarios, particularly refunds tied to duty assessments that become final after CBP’s post-entry auditing process. When importers deposit duties, CBP has nearly a year to finalize assessments and determine whether additional duties are owed or an overpayment occurred.
While the Court of International Trade has ordered CBP to begin issuing refunds for finalized duty assessments, CBP has indicated CAPE’s initial release will not process refunds for those final assessments.
Sen. Ed Markey (D-Mass.) and other Democrats urged CBP in a letter to make refunds automatic rather than requiring an importer opt in, arguing that small businesses should not have to take extra steps to recover payments that amounted to unlawful tariffs.
Business sentiment and survey findings
A KPMG survey of business leaders found 62% expect to receive a tariff refund. Within the broader respondent group, 28% said they would actively pursue a refund, 25% remained undecided and 9% said they would not pursue refunds.
Brian Higgins, U.S. sector leader for industrial manufacturing at KPMG U.S., told Manufacturing Dive that many firms remain in a "trying-to-figure-it-out" phase because the mechanics of refunds are still unclear. He added that importers who filed suits before the Supreme Court’s Feb. 20 decision may be best positioned to recover because the government will have limited capacity and early filers may be prioritized.
CBP has said it expects up to a 45-day window between refund submission and delivery, though details and timelines for individual claimants remain uncertain.
Practical steps companies should take now
International trade attorneys advise firms to prepare thoroughly so they can request refunds when CBP’s portal is ready. Kelsey Christensen, an attorney at Clark Hill, said companies should first determine what they are owed and assemble all supporting entry documentation.
She urged businesses to "organize, organize, organize" by identifying imports exposed to IEEPA tariffs, gathering entry paperwork and being ready to submit refund requests when the portal opens. Companies should also be prepared to provide supporting documents and enroll banking details so refunds can be made electronically; CBP stopped issuing paper refund checks in February.
Christensen noted the Supreme Court’s opinion did not address the mechanics of refunds, but that is not unusual: courts such as the Court of International Trade often define the details of remedy processes after broader legal rulings.
Broader tariff landscape and financial cautions
Attorneys caution businesses not to treat prospective refunds as pure windfalls. "The No. 1 thing that everyone should do in my view is have a conversation with their accountants," Todd said, noting refunded amounts might not be available dollar-for-dollar for the claimant.
Meanwhile, the broader tariff environment remains unsettled. The Trump administration has implemented new tariffs and adjusted existing levies on items such as steel, aluminum and copper, and frequently changes tariff policies even as several measures face legal challenges. Experts say that even if companies secure IEEPA refunds, they will likely confront additional tariff issues under other authorities.
Source and licensing information
This article was based on reporting by Jeffrey Kinney for Supply Chain Dive and was licensed through the DiveMarketplace by Industry Dive. For licensing questions, contact legal@industrydive.com.
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