On July 15, 2026, U.S. Court of International Trade (CIT) Judge Richard K. Eaton issued an update in the International Emergency Economic Powers Act (IEEPA) refund litigation explaining that the Court will begin issuing refund orders for individual plaintiffs in the IEEPA tariff refund litigation. 

The orders are being issued in individual cases because it is the Government’s position that a court order directing the reliquidation of entries, whose liquidation has become final, would be necessary to provide the Government with the authority to reliquidate these finally liquidated entries and provide complete relief to Plaintiffs. In other words, the DOJ will not voluntarily refund duties on finally liquidated entries without a court order compelling it to do so. The CAPE system — the Government’s voluntary refund system — has not accepted for processing any finally liquidated entries, nor any entries liquidated for more than 80 days. As a result, the Government has represented that it will refund estimated IEEPA duty deposits only to Plaintiffs that challenge the duties in court, meaning that relief for finally liquidated entries is available only to importers who have filed suit.  These orders will cover all remaining liquidated IEEPA tariffs paid by importers.  Non-plaintiffs will be unable to otherwise recover these tariff payments.

Next steps for non-Plaintiffs

In order to be covered by an individual refund order covering all IEEPA tariff payments, importers must file a complaint with the Court of International Trade. The essential elements required for a complaint is the name of the legal entity importing into the U.S., the importer ID numbers associated with that legal entity, and confirmation that IEEPA tariffs were paid by the importer. 

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Photo of Daniel Cannistra Daniel Cannistra

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75 U.S. antidumping and countervailing duty cases before the U.S. Department of Commerce and the U.S. International Trade Commission under the Tariff Act of 1930. Many of these matters involved appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, binational panels under the North American Free Trade Agreement (NAFTA), and dispute settlement proceedings before the World Trade Organization (WTO). Dan has also represented clients in antidumping proceedings in the European Union, Canada, Mexico, Brazil, India, Thailand, Singapore, Guatemala and Taiwan.

Prior to joining Crowell & Moring, Dan was a director in a national accounting firm providing customs and international trade guidance to multinational clients related to the supply and distribution of goods and services across international borders. Areas of specialization included antidumping and countervailing duties and policy, trade remedies and litigation, free trade agreements and negotiations, classification and valuation, and international trade and development.

Dan’s government appointments include service to U.S. Trade Representative on the roster of international trade practitioners to resolve antidumping disputes involving NAFTA members. For the European Commission, Dan provided advice and training on international trade and antidumping methodology and practice. In addition, Dan has served as an international trade consultant to the governments of Guatemala and Singapore, providing technical advice to these governments on the application of international trade regulations consistent with international law and World Trade Organization agreements and the General Agreement on Tariffs and Trade, Agreement on Antidumping.

Photo of Weronika Bukowski Weronika Bukowski

Weronika Bukowski is a counsel in the International Trade Group of Crowell & Moring and resident in the firm’s New York office.

Weronika’s practice focuses on international trade litigation spanning a broad range of issues, including antidumping and countervailing duties, customs-related disputes, duty

Weronika Bukowski is a counsel in the International Trade Group of Crowell & Moring and resident in the firm’s New York office.

Weronika’s practice focuses on international trade litigation spanning a broad range of issues, including antidumping and countervailing duties, customs-related disputes, duty evasion, circumvention, and matters arising under sections 201 and 301 of the Trade Act of 1974 and section 232 of the Trade Expansion Act of 1962.  She also advises clients on compliance with sanctions administered by OFAC, export controls in the EAR and the ITAR, the FCPA, U.S. import and customs rules, and other civil and criminal statutes and regulations.