06/03/2026
The DOJ has filed to appeal the CIT's order requiring CBP to refund IEEPA tariffs.
The court ruled the tariffs were unlawfully collected and ordered CBP to reliquidate and refund. On May 29, the DOJ filed to appeal — citing Trump v. CASA, Inc. and arguing the court's "universal injunction" should apply only to the importers who actually filed suit, not all importers.
The government has confirmed that entries eligible for refunds in Phase 1 (before 90 days post-liquidation) will continue to receive refunds during the appeal.
CIT Judge Eaton's response: "There is $166 billion involved." He ordered the CBP Commissioner to appear personally in court on June 9 to explain why refunds aren't moving faster.
What most importers miss: the appeal doesn't stop the interest clock. Under 19 CFR § 24.36, interest continues to accrue on unpaid refunds from the date of original payment — and it compounds daily, so outstanding refund amounts keep growing while this plays out.
If you paid IEEPA duties in 2025 and haven't filed for refund through CAPE, now is the time to act. Premio International will continue to file protests to avoid final liquidation.
Full breakdown on the Falcone Global Insights page: https://ow.ly/yu9450Z6KK7
