'Uncharted Territory': What Would Importers Have to Do to Get Their Tariffs Refunded?

Jay Smith’s commentary was included in a New York Law Journal article exploring the possibility that President Donald Trump may carry out a nearly unprecedented federal tax refund, should he fail to stop a trade court order striking down his tariffs on virtually all global imports. A recent, contested, ruling from the U.S. Court of International Trade has increased the possibility that importers get refunded any duties they paid under the president's new tariff orders. Jay provides his insight on what such a proposal might look like.

Importers would need to file a post-summary correction within 300 days of entry. But Jay found that deadline forgiving given how quickly the tariff litigation is moving. “Because these tariffs were only implemented in the past few months, importers aren’t facing tough decisions at the present. They have a number of months during which they could file post summary corrections  and seek refunds, if the Court of International Trade order enters into effect,” he said.