IEEPA Tariff Refund Recovery

The Federal Circuit Appeal: What It Means for Your Refund Claim

The DOJ is appealing the IEEPA refund injunction. Here is what that means — and why importers should file now rather than wait.

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What Happened on June 7, 2026

The Department of Justice filed a dual-track appeal at the U.S. Court of Appeals for the Federal Circuit, challenging the U.S. Court of International Trade's universal injunction requiring CBP to refund all unlawfully collected IEEPA tariff duties. The appeal was filed on two procedural tracks simultaneously — a standard appellate brief and an emergency motion — reflecting the administration's urgency in halting the refund obligation.

The June 9 CIT Hearing

Judge Eaton convened a follow-up hearing on June 9, 2026. CBP Commissioner Rodney Scott was directed to appear and provide a compliance affidavit. Commissioner Scott did not appear. The non-appearance is a significant development that signals either institutional resistance to or administrative difficulty with executing the refund order at scale.

Appeal Filed

June 7, 2026. DOJ challenged the CIT injunction on dual procedural tracks at the Federal Circuit.

No Stay Issued

As of filing, no appellate court has issued a stay of the refund injunction. The refund obligation remains in effect.

Importer Action

File your claim now. A subsequent stay would not retroactively invalidate complete, properly filed claims already in CBP's queue.


Why You Should Not Wait

Importers who delay filing are taking a strategic gamble that the appeals process will resolve in their favor before CBP closes the processing window. That is the wrong bet. Filing a complete, well-documented claim now — while the injunction is in effect and CBP is processing — is the dominant strategy regardless of how the appeal resolves. The Tariff Bureau can have your claim filed within 10 business days of engagement.

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Recover What You're Owed

U.S. importers paid billions in IEEPA tariffs that a federal court has ordered refunded. Time-sensitive — act before CBP processing windows close.

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