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Justice Department Challenges Tariff Refund Mandate in Trade Court Appeal

The Justice Department has appealed a Court of International Trade ruling requiring the federal government to issue broad refunds for tariffs enacted under the International Emergency Economic Powers Act. The appeal, filed Tuesday, targets the court's expansion of refund eligibility to include finally liquidated entries. This expansion followed a Supreme Court decision that invalidated the levies. DOJ officials argue the trade court lacks authority to mandate universal refunds for all finalized entries, contending the directive should apply only to cases where importers have filed individual lawsuits. The ruling initially covered only unprocessed entries before being broadened by the court. The appeal adds legal complexity to an ongoing refund process already underway through Customs and Border Protection. A scheduled July 9 hearing will require CBP Commissioner Rodney Scott to detail the agency's tariff refund portal operations.