Trump's importer duty refund system is now live: How applications are being accepted and payments are being processed
A system for refunding companies that paid tariffs that the US Supreme Court ruled were imposed by President Donald Trump without constitutional authority is expected to go into effect on April 20, according to Associated Press.
Importers and their brokers will be able to begin submitting refund requests through an online portal starting at 8:00 a.m., according to U.S. Customs and Border Protection, the agency that administers the system.
It's the first step in a complex process that could ultimately lead to refunds for consumers who were billed for some or all duties on goods shipped to them from outside the United States.
Companies must submit declarations listing the goods on which they collectively paid billions of dollars in import duties, which were subsequently waived by the court. If Customs and Border Protection approves the application, the refund will be issued within 60-90 days, the agency reported.
The government plans to process refunds in stages, starting with the most recent duty payments. Various technical factors and procedural issues may delay the processing of importers' applications, so any compensation companies plan to provide to customers will likely be distributed gradually.
On the subject: The US is having trouble refunding $166 billion in duties to importers: why is this happening?
On February 20, the Supreme Court ruled that Trump exceeded Congress's tax-making authority when he imposed new tariffs on nearly every import from nearly every country last April. He cited the U.S. trade deficit as an emergency, invoking the Emergency Powers Act of 1977.
The US Court of International Trade ruled last month that companies subject to tariffs imposed under the IEEPA (the US International Emergency Economic Powers Act, passed in 1977) are entitled to refunds.
Not all duty-bearing imports are immediately eligible for a refund.
U.S. Customs and Border Protection reported that more than 330,000 importers paid a total of about $166 billion on more than 53 million shipments.
Not all of these transactions fall under the first stage of the refund system launch, which is limited to cases where duties were pre-assessed but not fully calculated, or where no more than 80 days have passed since the final calculation.
To receive a refund, importers must register with the agency's electronic payment system. As of April 14, 56,497 importers had completed their registration and were eligible for refunds totaling $127 billion, including interest, the agency reported.
The system requires precision
Megan Supino, a partner at law firm Ice Miller, said the firm recommends that clients carefully include all document numbers filed with Customs and Border Protection (CBP) on their declarations to describe the imported goods and their value.
"If there is an entry in that file that does not meet the requirements, it could result in the entire application or an individual item being rejected," she said.
According to Supino, launching the portal will require not only attention but also perseverance.
"Like any electronic system launched during a period of high interest, the program may experience technical glitches on Monday," noted Ice Miller, a partner at the law firm. "So we ask everyone to be patient, and it will pay off."
Nghi Huynh, head of transfer pricing at the consulting and accounting firm Armanino, noted that most companies applying for refunds imported mixed batches of goods, and not all of them will be eligible for refunds immediately.
"It's important to have a clearly defined process and track what's already been submitted and what's paid so nothing gets lost," she explained. "Each case can contain thousands of records, but accuracy is critical, as applications can be rejected due to formatting or data errors."
Patience is required
Small businesses eagerly awaited the opportunity to submit refund applications. Brad Jackson, co-founder of After Action Cigars in Rochester, Minnesota, began gathering documents and preparing to enter data into the system immediately after the launch date was announced.
The company imports cigars and accessories from Nicaragua and the Dominican Republic. Last year, Jackson said, it paid $34,000 in duties and absorbed a significant portion of these costs without raising prices for customers.
Last spring, his delivery was delayed two weeks due to a missing document, so Jackson is now more careful about completing all the return paperwork.
"My main concern is the processing time," he clarified. "A refund process that takes months doesn't solve the working capital problem it's supposed to solve."
Will consumers receive refunds?
Duties are paid by importers, and some companies pass these costs on to consumers by raising prices.
The system, which launches on April 20, provides for refunds to be paid directly to the companies that paid them, and they are not obligated to share these funds with customers. However, class action lawsuits seeking to compel companies, including Costco and Ray-Ban maker EssilorLuxottica, to compensate customers are pending in the US court system.
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Individuals are more likely to receive refunds from delivery services like FedEx and UPS, which collected duties on imported packages directly from consumers. FedEx stated that it will refund customers' refunds after receiving them from Customs and Border Protection.
"Supporting our customers through these regulatory changes remains our top priority," FedEx said in a statement. "We are engaging with customers as CBP begins processing returns and plan to begin accepting applications on April 20."
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