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The Trump administration’s recent appeal of a Court of International Trade order involving tariff refunds is adding fresh uncertainty to the federal claims process for importers.
The Department of Justice on June 2 formally appealed CIT’s April order directing the federal government to universally issue refunds for now-defunct tariffs enacted under the International Emergency Economic Powers Act.
The move could set up new hurdles for certain companies seeking to recover funds, according to Michael Lowell, chair of the Global Regulatory Enforcement Group at law firm Reed Smith.
The appeal, filed with the U.S. Court of Appeals for the Federal Circuit, followed a May 29 court filing from DOJ arguing that CIT exceeded its authority by extending relief to “finally liquidated” entries and importers that have not filed cases in the court.
