A Major Shift in U.S. Trade Policy
In early 2026, the U.S. Supreme Court issued a landmark decision that reshaped the landscape of U.S. trade policy.
The Court ruled that certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded presidential authority. As a result, billions of dollars in import duties collected over the past several years are now subject to refund.
This decision has triggered one of the largest refund processes in modern U.S. trade history.
The Scale of the Opportunity
The numbers are significant:
- Over $166 billion in tariffs were collected under IEEPA
- More than 330,000 importers were impacted
- Over 53 million shipments were subject to these duties
For many businesses, this represents a meaningful opportunity to recover capital that was previously treated as a fixed cost.
How the Refund Process Works
The refund process is being administered by U.S. Customs and Border Protection through a new system integrated into its Automated Commercial Environment (ACE).
This system—known as CAPE (Consolidated Administration and Processing of Entries)—allows importers and their authorized brokers to submit refund claims electronically.
Key steps include:
- Identifying eligible entries
Businesses must determine which import transactions were subject to IEEPA tariffs. - Preparing a claim submission
Claims are submitted through structured data files listing eligible entries and supporting information. - Validation and review
CBP reviews submissions to confirm eligibility and accuracy. - Refund issuance
Approved refunds are typically issued electronically, often within 60–90 days after acceptance.
Important Limitations and Phased Rollout
The refund process is not being implemented all at once.
- Initial phases prioritize recent or unresolved tariff entries
- Older or more complex claims may be addressed in later phases
- Certain categories of entries may require additional review or legal steps
This phased approach means timing and preparation can significantly impact how quickly a business receives funds.
Who May Be Eligible
Eligibility depends on several factors, but businesses that may qualify typically include:
- Companies that imported goods into the U.S. during the relevant period
- Businesses that paid tariffs under IEEPA
- Importers of record or companies working with customs brokers
Eligibility is not automatic. Each claim must be supported by accurate documentation and aligned with federal requirements.
What Is Not Guaranteed
While the opportunity is substantial, several important points should be understood:
- Refunds are issued to the business that paid the tariff, not necessarily the end customer
- There is no requirement for companies to pass refunds on to consumers
- Claims may be delayed due to documentation issues or system processing constraints
- Certain entries may fall outside the initial refund phases
Additionally, legal challenges and policy developments could influence how the process evolves over time.
Why Many Businesses Are Missing This
Despite the scale of the opportunity, many companies have not yet taken action.
Common reasons include:
- Lack of awareness of the refund program
- Complexity of the filing process
- Limited internal resources to analyze import data
- Uncertainty around eligibility
As a result, a significant portion of eligible businesses may delay or miss recovery opportunities.
Strategic Considerations for Businesses
For companies evaluating whether to pursue refunds, several factors are important:
- Data availability: Access to accurate import and tariff records
- Timing: Early submissions may move through processing more efficiently
- Coordination: Alignment between internal teams, brokers, and advisors
- Accuracy: Errors or omissions can delay or reduce recovery
In many cases, preparation and organization are just as important as eligibility itself.
Our Approach
At Carolina Trade Advisors, we support businesses in navigating this process with a structured, practical approach.
Our services may include:
- Reviewing import activity to identify potential eligibility
- Estimating potential refund exposure
- Organizing documentation for submission
- Coordinating with internal teams and external partners
- Supporting broader trade and cost-recovery strategies
We also monitor ongoing regulatory developments to help clients stay informed as the process evolves.
Important Disclaimer
Carolina Trade Advisors is an independent advisory firm.
We are not a law firm and do not provide legal advice, and we are not acting as a licensed customs broker. We provide advisory and coordination support and may work alongside your existing legal or brokerage partners.
The Bottom Line
This is one of the largest trade-related refund opportunities in recent history.
However, it is also complex, evolving, and time-sensitive.
Businesses that take a structured and informed approach are best positioned to evaluate eligibility, prepare accurate claims, and recover funds efficiently.
📩 Explore Whether Your Business May Qualify
If your company has imported goods into the United States in recent years, there may be opportunities worth evaluating.
👉 Request a confidential review to assess your eligibility and potential recovery.