The IEEPA Tariff Rollercoaster

This year has been exceptionally challenging for importers. From the outset, new tariffs appeared to be implemented almost daily, with China-related tariff rates changing multiple times—sometimes within a single day. Keeping pace with these developments has proven difficult even for the most experienced trade professionals.

Compounding the uncertainty were a series of legal challenges surrounding tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Court of International Trade (CIT) initially ruled that the IEEPA tariffs were unlawful. The Administration appealed to the Court of Appeals, which again found the tariffs to be unlawful. A subsequent appeal has now brought the matter before the U.S. Supreme Court.

The Supreme Court heard oral arguments on November 5, and the trade community is now awaiting its decision. Key questions remain: Will the Court uphold the CIT’s ruling, or will it determine whether the IEEPA tariffs were legally imposed? And when will a final decision be made?

In the interim, many companies elected to file individual lawsuits at the CIT in an effort to preserve their rights and potentially prevent liquidation of affected entries. One highly publicized example was Costco. However, on December 15, the Court of International Trade issued a significant ruling clarifying that importers are not required to file individual lawsuits to preserve their rights to potential refunds of IEEPA tariffs. The CIT unanimously affirmed that it “has the explicit power to order reliquidation and refunds where the government has unlawfully exacted duties.”

This ruling should provide meaningful relief to importers. Based on current speculation, a Supreme Court decision may not be issued until June 2026. By that time, a substantial number of entries could liquidate and potentially fall outside the 180-day protest window—creating concern for importers seeking refunds of unlawfully imposed tariffs.

How Importers Can Prepare Now

1. Gather Documentation

   Begin compiling all relevant records for shipments on which IEEPA tariffs were paid, including:

• CBP Forms 7501 and 3461
• Commercial invoices
• Air waybills or ocean bills of lading

1. Monitor Liquidation Dates

   Closely track when your entries liquidate. Importers with an ACE account should receive electronic liquidation notices. If you do not have an ACE account, liquidation information can be accessed through CBP’s Official Notice of Extension, Suspension, and Liquidation webpage.

2. Develop a Refund Strategy

Plan in advance how you would pursue refunds if the final ruling is favorable to importers and allows recovery of tariffs paid under IEEPA.

Key Timing Considerations

The first IEEPA tariff became effective on February 4, 2025. Based on standard processing timelines:

• Approximate 314-day liquidation period: The earliest affected entries may begin liquidating around December 15, 2025.
• 180-day protest window: Protests for those entries would need to be filed by approximately June 13, 2026.

Additional Opportunities for Review

With these dates in mind, importers should review existing entries now—particularly ocean shipments—to confirm whether exemptions may have applied. The IEEPA tariffs included specific date-based criteria tied to vessel departure and entry filing dates. In some cases, tariffs may have been assessed incorrectly if those dates were not closely reviewed.

Additionally, IEEPA tariffs were not the only changes this year. Modifications to Section 232 tariffs on derivative articles also occurred. Importers who did not have finalized steel or aluminum content values at the time of entry may benefit from revisiting those filings as well.

As this turbulent tariff year comes to a close, many questions remain about what the next year will bring. In the meantime, proactive review and preparation are critical.

If you would like assistance in reviewing your import entries to ensure tariffs were assessed correctly, we invite you to schedule a no-charge consultation with one of our trade compliance experts.