US Customs and Border Protection (CBP) is developing a system to refund IEEPA tariffs.
Zack Hadzismajlovic, head of McCarter & English’s Global Trade practice, told Law360 it is not clear yet whether the program will cover all the IEEPA duties.
And in certain cases where entries may have been already liquidated or additional duties interact with the unlawful IEEPA tariffs, additional questions remain. “Presumably, CAPE will only resolve the IEEPA issue, [and] nothing else,” he said.
“I’m concerned about the liquidated entries and the compound cases,” Zack added. “By compound cases, I mean, what if it’s not just the IEEPA issue.”