How Importers Can Prepare to Reclaim IEEPA Tariffs If the Supreme Court Strikes Them Down

Sometime in early 2026, the U.S. Supreme Court is expected to rule on one of the most consequential trade cases in decades: V.O.S. Selections v. United States. At issue is whether the President has the authority under the International Emergency Economic Powers Act (IEEPA) to impose the “fentanyl” and “reciprocal” tariffs that have affected thousands of U.S. importers throughout 2025.

If the Court determines those tariffs were unlawful, importers may be entitled to recover tens of billions of dollars in duties. But—and this is the key point—refunds will not be automatic. Importers will need to act to protect their rights.

Throughout the trade community, companies are preparing for multiple scenarios, filing multiple types of claims and documenting everything. Though we don't know exactly how things will play out, we do know importers who prepare now will be far better positioned than those who wait for the Supreme Court to rule.

This article outlines what importers should be doing today.

Why a Supreme Court Decision Could Trigger Massive Refund Claims

The IEEPA tariffs have generated billions in duty collections since early 2025. Estimates vary, but analysts believe roughly $100 billion in duties could be refundable if the Court finds President Trump exceeded his statutory authority.

These tariffs apply to a wide range of countries and products. The case does not affect other major tariff programs such as:

• Section 301 tariffs on Chinese goods
• Section 232 national security tariffs

Only the IEEPA-based tariffs are in question, but the financial exposure is enormous.

During oral arguments in November, Supreme Court justices expressed skepticism about the breadth of authority the President claimed and Justice Amy Coney Barrett acknowledged that if refunds are owed, “it could be a mess.” Historically, she’s right. Large-scale tariff refunds often take years, involve significant administrative burden and require importers to file proper claims.

Treasury would only be obligated to refund duties to the plaintiffs in the case. Every other importer must establish their right to a refund.

Step 1: Document Every IEEPA Tariff Paid

Before taking any legal action, document your exposure. You should gather:

• All 2025 entries subject to IEEPA tariffs
• ACE reports showing HTS codes beginning with 9903.01 or 9903.02
• Duty amounts paid
• Corresponding entry summaries and broker records

Because these tariffs were imposed rapidly and across many product categories, some importers don’t yet have precise totals. That will be a problem later.

Update your ACE data every few weeks until the Supreme Court issues its decision and especially after, when protests or court actions may hinge on accurate duty records.

Step 2: Monitor Liquidation Dates, Deadlines Have Already Started

Refund claims for customs duties are tied to a key event: the liquidation of your entry. Liquidation is when U.S. Customs and Border Protection (CBP) finalizes the amount of duties owed on an import.

Here’s why liquidation matters:

• Once an entry liquidates, you have 180 days to file a protest.
• Miss that window and your refund right is permanently lost.
• CBP has been liquidating many 2025 entries much sooner than the standard 314-day cycle.

In other words: some of your entries may already be liquidating. And many more will hit that point between December 2025 and late 2026.

Importers should be checking liquidation status at least monthly; weekly is better.

Step 3: File Protests, the Primary Path to Refunds

Filing protests under 19 U.S.C. §1514 is the traditional and most widely used path for seeking refunds of duties. Protests will play a central role if the Supreme Court strikes down the IEEPA tariffs.

Why you may need to file protests before the Court rules

CBP cannot rule today on whether the IEEPA tariffs are lawful—that’s for the courts. But CBP can accept your protest and may choose to suspend it pending the Supreme Court’s decision. This is what CBP did during the 2021 protests over certain Section 301 tariffs.

Getting your protest in early may:

• Preserve your rights
• Speed up any future refund
• Reduce the risk of missing entry-specific deadlines

Some importers are filing one protest per importer-of-record number every few months to catch liquidated entries as they occur.

Why you’ll definitely need protests after the decision

If the Court rules the tariffs invalid:

• CBP will have the authority to determine that duties were improperly assessed
• Protests will be the required mechanism for requesting refunds

And remember: protests, when granted, include statutory interest, which can be substantial for high-volume importers.

Step 4: Consider (With Counsel) Whether a §1581(i) Court Action Is Right for You

Some importers are choosing to file lawsuits under the Court of International Trade’s residual jurisdiction (28 U.S.C. §1581(i)). This is more complex than filing protests, and legal experts hold differing opinions about how long this option will remain available.

Here’s the non-lawyer explanation.

Why some attorneys recommend filing before the Supreme Court decision

Certain legal scholars argue that §1581(i) suits are only available while the Executive Orders imposing the tariffs remain in effect. After the Court rules, they say, importers must rely exclusively on protests.

Why other attorneys believe §1581(i) will remain available afterward

Others argue that even after the decision, §1581(i) may still apply for:

• Entries where protests were missed
• Informal entries (under $2,500) already liquidated
• Situations where the protest mechanism is “manifestly inadequate”

Advantages of §1581(i)

• One lawsuit can cover all your affected entries
• Can recover duties on informal entries already time-barred
• Provides judicial oversight
• Serves as a safety net if any protests are missed

Disadvantages

• Government could fight these cases aggressively
• Refunds may not include interest
• Litigation could be slow
• You may still need to file protests anyway

Different companies have different risk tolerances. What matters is that importers understand the option and decide proactively—not after deadlines have passed.

What Importers Should Be Doing Right Now

Here is the most practical, consensus-driven guidance from across the trade community:

1. Download and organize all ACE data showing IEEPA tariff entries. Update it every few weeks.
2. Track liquidations closely. This is a critical, time-bound step. Create internal reminders.
3. File protests for liquidated entries. Do not wait until the Supreme Court rules. Early filing may offer real advantages.
4. Prepare to continue filing protests into 2026 as more entries liquidate.
5. Consult with trade counsel about whether a §1581(i) lawsuit makes sense for your company. Factors include your risk posture, volume of entries, timing and internal resources.
6. Ensure you have a centralized, well-organized compliance system. You may need to provide documents quickly to CBP, your broker or your legal team. Spreadsheets and email folders won’t cut it at this scale.

Like what you read? Join thousands of exporters and importers who subscribe to Passages: The International Trade Blog. You'll get the latest news and tips for exporters and importers delivered right to your inbox.