IEEPA Tariff Refunds: Everything U.S. Importers Need to Know
Sasha Bozic
2 mins read
Feb 23, 2026
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On February 20, 2026, the U.S. Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. In a 6–3 decision, Chief Justice Roberts wrote that IEEPA's text "contains no reference to tariffs or duties" - meaning all tariffs imposed solely under IEEPA authority were collected without a valid legal basis.
The result: U.S. importers who paid IEEPA duties throughout 2025 and into 2026 may be entitled to a refund. Customs and Border Protection data suggests approximately $142–160 billion in IEEPA tariffs were collected during this period.
But reclaiming those funds requires action - and specific deadlines are already running. Here is what you need to know.
What Are IEEPA Tariffs and Why Were They Imposed?
The International Emergency Economic Powers Act grants the President broad authority to regulate commerce during declared national emergencies. Beginning in early 2025, the Trump administration used IEEPA as the legal basis for a sweeping new layer of import tariffs, including:
A 10% baseline "reciprocal" tariff on goods from most trading partners
Country-specific top-up tariffs, including elevated rates on Chinese imports
Additional tariffs justified under IEEPA in connection with fentanyl trafficking
These IEEPA duties appeared on customs entries under HTSUS headings such as 9903.01.20, 9903.01.24, and related classifications, and were assessed on top of existing tariff structures like Section 301 (China) and Section 232 (steel and aluminum).
What Did the Supreme Court Actually Decide?
In Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), the Supreme Court held that IEEPA does not authorize the President to impose tariffs. The full opinion is available on the Court's website.
Chief Justice Roberts wrote for the majority that Congress did not delegate tariff authority to the executive through IEEPA - a statute that, notably, never mentions tariffs or duties. The Court also applied the "major questions" doctrine, holding that a power of this economic magnitude requires a clear congressional statement that IEEPA does not provide.
The ruling came after the U.S. Court of International Trade unanimously struck down the tariffs in May 2025, a decision upheld by the Court of Appeals in August 2025. The Supreme Court granted expedited review and heard oral argument in November 2025.
Within hours of the decision, the White House issued a presidential action formally ending all IEEPA tariff orders, confirming that the additional ad valorem duties imposed under IEEPA executive orders "shall no longer be in effect."
For a plain-language summary of the decision and its implications,SCOTUSblog's coverage andWilmerHale's client alert are good starting points.
Which Tariffs Are Refundable - and Which Are Not?
The ruling specifically invalidates tariffs whose sole legal authority was IEEPA. It does not affect tariffs imposed under other statutes, which remain in force:
Section 301 tariffs on Chinese goods - still in effect
Section 232 tariffs on steel, aluminum, and certain auto products - still in effect
Section 201 safeguard tariffs - still in effect
Section 122 tariff (new 10% global surcharge replacing IEEPA, effective February 24, 2026) - in effect
What this means in practice: Many importers - particularly those sourcing from China - face a stacked tariff structure. A given shipment may have carried Section 301 duties and IEEPA-layer duties. Only the IEEPA component is potentially refundable. The other layers remain in effect.
For importers of products subject only to IEEPA tariffs (with no Section 301 or 232 overlay), the refund opportunity per entry is proportionally larger.
TheCBP IEEPA FAQ page notes that Section 232 tariffs on autos and auto parts generally did not stack with IEEPA tariffs - meaning those importers may have had a smaller IEEPA exposure to begin with.
Who Is Eligible for a Refund?
Any U.S. importer of record who paid IEEPA-specific duties between early 2025 and the date of the ruling may have a valid refund claim. Eligibility is not limited by industry, company size, or product type.
You are likely a candidate if:
Your company imported goods into the United States between February 2025 and February 2026
Your customs entries included duties assessed under IEEPA HTSUS headings (e.g., 9903.01.20, 9903.01.24, 9903.01.33)
You are the importer of record on those entries
Your entries are within their applicable claim window (see deadlines below)
The fastest way to confirm exposure is to pull your ACE Entry Summary data and filter for IEEPA-specific HTS duty lines.
What Are the Filing Deadlines? This Is the Most Important Section.
There is no single, universal deadline - and no automatic refund process. Refund rights depend on each entry's liquidation status, and missing the applicable window permanently forecloses your claim.
According to CBP's guidance and analysis from Armstrong Teasdale and Buchalter, the three relevant mechanisms are:
Filing Type | Deadline | Best For |
Post-Summary Correction (PSC) | Within 300 days of entry date, or 15 days before scheduled liquidation - whichever is earlier | Unliquidated entries - fastest path to recovery |
Formal Protest (CBP Form 19) | 180 days from the date of liquidation | Liquidated entries |
CIT Lawsuit | 2 years from protest denial | Denied protests - escalation path |
The 180-day protest window is the most time-sensitive risk. The first IEEPA tariffs took effect on February 1, 2025. Entries from that period may have begun liquidating by late 2025, meaning the first protest windows could expire as early as June 2026. These deadlines run automatically - CBP does not send notices when a window closes.
PSCs offer the fastest path for unliquidated entries. Per CBP's guidance, a Post-Summary Correction allows importers or brokers to electronically correct entry summary data through ACE before liquidation occurs. PSC refunds are typically processed within 30–60 days of liquidation. Submission of a PSC is the sole method to electronically correct entry summaries prior to liquidation.
Critical warning: Multiple trade law firms have noted that waiting for "comprehensive CBP guidance" before acting is a common and costly mistake. Deadlines run regardless of whether the agency has issued standardized procedures. If an entry liquidates and the protest window closes without action, that entry's refund rights are permanently forfeited - even given a favorable Supreme Court ruling.
How Does the Refund Process Work?
Refunds are not automatic. They flow through overlapping channels depending on each entry's status:
1. Post-Summary Corrections (for unliquidated entries) File a PSC in ACE to remove the IEEPA duty line before the entry liquidates. This is the cleanest, fastest path. Refunds typically process within 30–60 days of liquidation.
2. CBP Formal Protest (for liquidated entries) File CBP Form 19 within 180 days of liquidation, citing the Supreme Court ruling as grounds for refund of the IEEPA duty component. CBP has up to two years to review a protest; importers can request "accelerated disposition," after which a non-response within 30 days constitutes a denial - which then enables escalation to the Court of International Trade.
3. Court of International Trade litigation Many importers filed protective suits while the IEEPA cases were pending. Those cases are now proceeding as the primary vehicle for large-scale refund recovery. The refund issue has been returned to the CIT for further proceedings.
4. Potential CBP administrative program Given the scale of the refund obligation (~$142–160 billion), Congress or the Administration may create a standardized refund or reconciliation process. As of February 2026, no such program has been announced. Importers should not wait for one.
Practical guidance: Think in terms of months and years, not weeks. Preserve your legal rights now, size your exposure with your trade team, and treat any recovered amounts as upside that may arrive across multiple accounting periods.
What Documentation Do I Need to Collect Right Now?
Clean, centralized data is the difference between recovering your full refund and leaving money on the table. Start gathering the following immediately.
Customs entry data
Line-level entry data from all customs brokers, organized by HTS code, country of origin, and import date
The ability to isolate IEEPA-specific duty lines (9903.01.xx headings) from other duties, taxes, and fees
CF-7501 Entry Summary PDFs for all 2025–2026 imports - this is critical if refunds are processed via Post-Summary Correction. Original entry documents must be provided to CBP
Liquidation status
A tracker for each entry showing: entry number, port of entry, broker, liquidation date, and whether the 180-day protest window is still open
For unliquidated entries: confirm PSC eligibility windows before entries are liquidated
SKU and COGS linkages
Tie tariff lines back to specific SKUs and finished goods to quantify margin impact and assess any financial reporting implications
Update landed-cost models to separate IEEPA-specific duty costs from the rest of your tariff stack
Legal and authorization documents
Confirm powers of attorney are in place allowing trade counsel and third-party platforms to access customs data and act on your behalf
If you do one thing this week: Pull your ACE entry data for all imports from February 2025 through February 2026, identify all entries with IEEPA HTSUS headings, and map their liquidation status. For all unliquidated entries, initiate PSC review immediately.
What Is the Difference Between an IEEPA Refund and Duty Drawback?
These are legally distinct programs that often apply to the same companies - and confusing them can cost you money.
IEEPA refunds exist because the duties were collected under an authority the Supreme Court has now struck down. The legal basis is the Learning Resources ruling itself. These refunds are owed regardless of whether you exported the goods.
Duty drawback is a separate, long-standing U.S. program established in 1789 that refunds up to 99% of import duties when goods are subsequently exported, destroyed, or used in qualifying manufacturing. Drawback claims have their own rules, timelines, and documentation requirements - and are entirely separate from the IEEPA refund process.
Where they intersect: Entries that qualify for both an IEEPA refund and duty drawback are exceptionally high-value. You want to capture both refund paths without double-counting the same duty dollars. From a P&L perspective, both hit as reductions in duty expense, but they differ in timing, certainty, and required documentation.
For companies with significant export activity, coordinating IEEPA refund claims and drawback claims is a meaningful accounting and operational exercise. Both should be pursued, but with proper sequencing.
What Replaced IEEPA Tariffs - and Does It Affect My Refund?
In response to the Supreme Court ruling, the Trump administration issued a new tariff under Section 122 of the Trade Act of 1974, imposing a 10% surcharge on goods from all countries, effective February 24, 2026, for 150 days (until approximately July 24, 2026).
Section 122 is a different statute than IEEPA and is not subject to the Learning Resources ruling. This new tariff does not retroactively affect refund claims for prior IEEPA duties, but it does mean that many importers will continue paying a baseline tariff layer going forward - making it all the more important to recover IEEPA duties paid in 2025.
TheCouncil on Foreign Relations andYale Budget Lab have published useful analyses of how the tariff landscape has shifted post-ruling.
How Much Could My Company Recover?
That depends on three variables: the volume of IEEPA-specific duties paid, which entries remain within viable claim windows, and which recovery path applies.
CBP data suggests the U.S. government collected approximately $142–160 billion in IEEPA duties between early 2025 and the ruling. Individual importers with significant exposure to IEEPA-tariffed supply chains - particularly from China, Canada, Mexico, or other countries where IEEPA was the primary tariff layer - could be looking at six- or seven-figure recoveries.
The fastest way to get a number specific to your situation is an entry-level exposure analysis against your actual customs data.
How Can Caspian Help?
Caspian is purpose-built for exactly this kind of situation - where regulatory changes move faster than in-house teams can manually recompute exposure.
Here is what we do for companies navigating IEEPA refund recovery:
Ingest and normalize customs data from CBP ACE, multiple brokers, and ERP systems, then automatically tag which duty lines are linked to IEEPA versus other tariff authorities
Size refund and drawback opportunities at the SKU and entry level - turning millions of lines of trade data into a clear exposure dashboard your finance and trade teams can act on
Map liquidation status and flag deadline risk so you know exactly which entries need a PSC filed now and which are approaching their 180-day protest window
Generate claim-ready datasets and audit trails that your trade counsel and customs brokers can use to file protests, support CIT proceedings, or pursue drawback claims in parallel
Identify dual-path entries eligible for both IEEPA refunds and duty drawback - so every available dollar is captured without double-counting
Monitor ongoing tariff actions (including Section 122 and any new executive actions) so you are not blindsided by the next change before you have recovered from the last one
We offer a no-obligation IEEPA exposure assessment on a sample of your entry data, delivered as a client-ready summary you can share with your finance team, trade counsel, or outside advisors.
Still Have Questions?
The IEEPA refund landscape is developing rapidly. We monitor CBP guidance, CIT proceedings, and executive actions in real time so you don't have to.
Request your free IEEPA exposure assessment →
This article is for informational purposes only and does not constitute legal or tax advice. Trade law is fact-specific and moves quickly - consult qualified customs counsel for guidance on your specific situation.
Sources and Further Reading
Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026) - Justia
White House - Ending Certain Tariff Actions (Executive Order)
WilmerHale - Supreme Court Strikes Down IEEPA Tariffs: What Now?
Norton Rose Fulbright - Potential Refunds: US Supreme Court Overturns IEEPA Tariffs
Armstrong Teasdale - IEEPA Tariffs: Immediate Refund and Compliance Implications
Buchalter - Preparing for Potential IEEPA Tariff Refunds: Steps, Deadlines, and Mechanics
Council on Foreign Relations - After the Supreme Court Ruling, What Is Next for Trump's Tariffs?
