The Practical Guide to Government Tariff Claims, and What to Do with Them

As an importer holding a tariff claim, it can be overwhelming to understand your options. Here’s a practical guide to the various paths available to importers who want to dispute a claim.

What Do Tariff Claims Mean for Importers?

Generally, tariff claims may take a few forms. The first is a U.S. Customs and Border Protection (CBP) bill or related duty bill. The second is when CBP determines that an entry fee should be higher than the importer declared. And finally, a penalty where CBP alleges underpaid duties.

The recent lawsuit against the International Emergency Economic Powers Act (IEEPA) has created a special scenario. Now that the Supreme Court has struck those tariffs down, importers who paid duties under IEEPA may have refund rights. More on that later.

For standard tariff claims, importers have several options to dispute them, but the path forward is often determined by whether the entry is liquidated or unliquidated.

Understanding Liquidated vs. Unliquidated Entries

A liquidated entry is closed. That means the duty amount is considered final, and there are fewer legal options to dispute the tariff. Still, importers can sometimes protest the amount within 180 days of liquidation. If successful, the importer may receive reliquidation and a refund with interest. If not, the next step is judicial review in the U.S. Court of International Trade (CIT).

An unliquidated entry is still open. That means importers can file a Post Summary Correction (PSC) to adjust the duty amount. It’s important to keep track of notices and government deadlines to understand your available refund window.

What Can Importers Do with Standard Tariff Claims? The First Step is Tracking Them

Keeping track of every assessment and deadline is crucial. Companies with strong operations create a repeatable process, monitoring liquidation dates, duty amounts, and line-item tariff components.

For new CBP bills or disputes, they start by verifying classification, origin, and any special circumstances, then apply a defined process for deciding whether to pay, protest, or correct through a PSC. Knowing the liquidation date is especially important here, as it determines whether the PSC window is still open.

Engaging a trusted customs attorney or specialized counsel can be helpful for managing this information and advising on the best next steps.

Preparing for Potential IEEPA Refunds 

Importers are at a crucial moment for tariff claims. The IEEPA-based tariff refunds could result in billions of dollars in refunds now that the Supreme Court has ruled against the tariffs. Companies should prepare now to understand their options and preserve their rights.

Who can claim an IEEPA refund?

Any importer who actually paid duties under IEEPA tariffs on goods imported into the United States. In most cases, this is the entity listed on the customs entry as responsible for the shipment.

How can companies prepare for an IEEPA refund?

We advise working with a customs attorney or specialized counsel to evaluate your exposure and determine available courses of action. There are a few things we recommend importers gather now to prepare for that discussion. Start by mapping your IEEPA exposure. Identify when, where, and for what products you have paid IEEPA duties. Make sure you separate unliquidated and liquidated entries and are aware of any upcoming liquidation dates. Review any contracts that may have passed through tariff costs too.

What should importers do now that the Supreme Court has ruled against IEEPA?

Now that the Supreme Court has ruled against IEEPA tariffs, the CIT will likely coordinate with CBP to provide guidance on the process and timing of refunds. Based on past disputes, this process may take a long time. With so many importers subject to IEEPA tariffs, multiple government agencies involved in the process, and the possibility of further litigation, expect even longer wait times for refunds.

In some instances, importers may need access to cash refunds more quickly. This is where claims trading brokers can help.

Claims Trading Brokers: When To Contact Them and What To Expect

Claims trading brokers are intermediaries who connect sellers (i.e. claim holders) with institutional investors. In this arrangement, an investor provides an upfront payment and takes on the legal costs and process risk in exchange for future upside of the claim. This is common in areas like bankruptcies, litigation claims, and tax and tariff refunds. 

For IEEPA related refund claims, the typical process involves:

• Sourcing and evaluating the claims: Seaport Global advises claim holders on due diligence information that will be required to assess and value their claim. We work with sellers to determine their objectives and identify the optimal transaction structure with the highest degree of execution.
• Matching sellers and buyers: Seaport Global connects claim holders with trusted institutional investors. Claim holders gain immediate cash rather than waiting in uncertainty for the CIT and CBP to define a governmental process. Institutional investors are set up to bear legal costs, navigate process risk, and manage exposure to undefined, potentially long-term refund recoveries. 
• Structuring, documenting, and administering transactions: Seaport Global advises on the trade agreements between sellers and buyers needed to close a transaction. We walk claim holders through the entire claims trading process and documentation, from valuation to closing. This includes coordinating with claim holders’ legal counsel to minimize friction and eliminate execution risk. 

Seaport Global Specializes in Complex Claims Trading

Seaport Global’s claims trading desk has a proven track record helping clients unlock value from complex, time-sensitive asset classes. Leveraging unmatched sourcing expertise and deep institutional investor relationships, we have executed transactions involving hundreds of millions of dollars in Employee Retention Credits and several billion dollars in claims from landmark cases such as Lehman Brothers, Madoff, and the Visa/Mastercard antitrust litigation.

We built Seaport Marketplace to connect businesses holding tariff refund claims with institutional investors, while also providing a practical resource for importers navigating a rapidly evolving landscape. If you’re looking to convert a pending refund into immediate liquidity, our team can help you move quickly and confidently.

Contact Seaport Global to learn more. 

Takeaways

• Importers who paid IEEPA tariffs may have refund rights following the Supreme Court’s ruling, but the CBP process for issuing those refunds is still being defined.
• Companies should map their IEEPA exposure now by separating liquidated and unliquidated entries, tracking upcoming liquidation dates, and reviewing any contracts that passed through tariff costs.
• Claims trading brokers provide upfront cash in exchange for the future recovery, taking on legal costs and process risk, a practical option for importers who need liquidity before government proceedings resolve.