Now working with operators on IEEPA tariff refunds. Email IEEPA@merkletree.llc
IEEPA Refunds
Don't leave money on the table.
In February 2026, the Supreme Court ruled that the IEEPA tariffs collected since early 2025 were unlawful. The result: an estimated $166 billion in refunds owed to over 330,000 American importers.
CBP's refund portal (CAPE) is live -- but it only covers recent entries. If your duties were collected more than 180 days ago, CAPE won't help you. You need a different path.
Direct Payers -- Importers of Record
If your company was the importer of record on entries where IEEPA duties were collected, you have likely a direct legal claim -- though this is time sensitive and time is of the essence for many. For entries outside the CAPE window, a CIT filing may be your only path to recovery. (SEE BELOW)
Indirect Payers -- The "Hidden" Opportunity
Most companies focused on tariff recovery are looking at their import entries. But some of the largest IEEPA exposure is hiding in plain sight -- buried in supplier invoices, purchase order surcharges, and price increases passed through the supply chain between February 2025 and February 2026. (SEE BELOW)
If you're a manufacturer, retailer, or distributor who absorbed tariff costs through higher input prices, you may have a recoverable claim you don't even know exists. These pass-through claims are time sensitive.
We help identify, quantify, and document this "indirect" exposure -- and if necessary connect you with counsel experienced in turning hidden tariff costs into recoverable claims should an equitable claim be required.
We are not attorneys and do not provide legal advice. We are independent consultants who identify opportunities, quantify potential recoveries, build roadmaps, and if necessary, connect clients with qualified trade law counsel if and when appropriate.
Contact us to assess your exposure.
Importers of Record
If you were listed as the Importer of Record on the relevant customs entries, then you are likely entitled to a full refund of duties paid under the International Emergency Economic Powers Act (IEEPA), plus interest, claimed through the CAPE portal.
If your claim was liquidated over 180 days ago, you may have to seek counsel to seek your potential refund, as the CAPE system currently does not work for these aged entries. Unliquidated claims, and those liquidated in a very tight window are able to file through the CAPE system.
Duties imposed under other statutory authorities, such as Section 301, Section 232, or pre-existing antidumping and countervailing duty orders, are not part of this refund effort and must be separated from your data before filing.
Manufacturers should begin by pulling every customs entry summary filed during the relevant window.
Note: At least some CAPE submissions could draw CBP review, which could expose otherwise dormant import compliance issues.
CBP has published guidance for the refund process and the CAPE tool. NOTE: you must have ACH set up in order to receive a refund.
Manufacturers should follow that guidance carefully and preserve documentation of every submission.
A note on timing: although submissions are being accepted now, it could be 60 to 90 days after a submission until refund money actually hits accounts.
The above is not legal advice. If you would like legal guidance, we are happy to make an introduction to experienced, qualified trade lawyers and professionals.
Indirect Importers
Many manufacturers purchased imported components or materials from distributors or from foreign suppliers that maintain a U.S. importing entity.
This could mean that the supplier, not the manufacturer, is typically listed as the Importer of Record and is likely the party with standing to file a CAPE claim.
That does not mean the economic burden fell on the supplier.
In many cases, IEEPA duties were passed through to the manufacturer/buyer in the form of higher prices, surcharges, or revised contracts.
Recovery in this scenario is more complex and may require supplier negotiations, contract review, or equitable claims.
Manufacturers in this position should start making preparations.
First, review your purchase agreements and invoices from the tariff period. Determine whether you were charged line-item tariff surcharges or whether pricing simply increased during the relevant window.
Second, identify who the Importer of Record was for each transaction.
Third, open a line of communication with the supplier promptly.
Generally a cooperative approach will yield the best results. You may inquire as to whether the importer filed through CAPE, and if so, you may request that they pass through a fair share of refund proceeds to you, with documentation supporting the amount.
If your contract included a tariff pass-through provision or price adjustment clause, that language is your leverage.
If the supplier refuses, you may need to evaluate contract remedies, unjust enrichment theories, or other equitable claims.
Statutory deadlines apply and a delay may be costly for both you and your supplier.
We are currently working with companies in the CPG, RTD, F&B, Solar, furniture, and real estate development industries on forming a tariff recovery strategy.
Please reach out if you are interested in discussing a refund road map.
The above is not legal advice. If you would like legal guidance, we are happy to make an introduction to experienced, qualified trade lawyers and professionals.