The Supreme Court's IEEPA Tariff Ruling: Next Steps, Potential Refunds, and Guidance for Businesses

Update: May 12

Today, U.S. Customs and Border Protection (CBP) filed another CAPE update with the Court of International Trade (CIT). As of May 11, 2026:

• 126,237 CAPE declarations have been submitted since launch on April 20, 2026.

• 86,874 of those declarations passed file validations.

• 15,123,221 individual entries with IEEPA duties passed entryspecific validations and were accepted for the removal of IEEPA duties.

• 8,338,081 of those accepted entries have been liquidated and/or reliquidated without IEEPA duties.

• The anticipated refund and interest amount for those 8.3 million entries is $35.46 billion (principal plus interest).

• Only a portion of processed entries have been consolidated and transmitted to the Department of the Treasury for payment. The rest are still being consolidated by importer of record and liquidation date.

• 1,880 refunds are stuck because the importer or their authorized designee has not provided their ACH account information.

Separately, the U.S. Court of Appeals for the Federal Circuit issued a temporary stay today that freezes the CIT's recent ruling against President Trump's 10% Section 122 tariff. The stay pauses both the judgment and the injunction that had shielded the three named plaintiffs from the tariffs. The plaintiffs have seven days to respond.

Update: May 8

This afternoon, the Trump administration appealed yesterday's Court of International Trade (CIT) ruling against President Trump's 10% tariff imposed under Section 122 of the Trade Act of 1974. In yesterday's decision, the CIT held that the tariff exceeded the president's statutory authority, stating it relied on current account deficits and trade deficits instead of "balanceofpayments deficits."

The CIT's ruling is narrow in scope. The court entered a permanent injunction and ordered refunds with interest only for the three plaintiffs that demonstrated standing as direct importers:

• The State of Washington (through the University of Washington, which imports products and pays duties directly through a customs broker)

• Burlap and Barrel, Inc. (a NewYorkbased spice importer)

• Basic Fun, Inc. (a Floridabased toy company)

The CIT dismissed the remaining 23 state plaintiffs for lack of standing, finding that their alleged harmstariff costs passed through by thirdparty importerswere insufficient.

Section 122 duties are still being collected. U.S. Customs and Border Protection (CBP) will continue to apply and collect 10% Section 122 duties for all importers, aside from the three named plaintiffs.

Update: May 1

Today, President Trump announced on Truth Social that he intends to increase tariffs on EUorigin cars and trucks from 15% to 25%. He stated that the tariff increase would take place "next week," but did not provide an exact timeline.

It is unclear whether the tariff increase would apply only to completed autos, or both completed autos and auto parts.

Update: April 27

The Department of Commerce has created a new exclusion for goods subject to Section 232 duties but contain 0% steel, aluminum, or copper content. This exclusion applies retroactively to April 6, 2026, when the modified Section 232 steel, aluminum, and copper tariffs took effect.