One Year of IEEPA Tariffs: What Importers Need to Know About Refund Claims in 2026

One Year Ago: What Happened on April 2, 2025

On April 2, 2025, President Trump signed an executive order invoking the International Emergency Economic Powers Act (IEEPA), announcing sweeping new tariffs on imports from nearly every U.S. trading partner. The White House called it "Liberation Day" — a reset of U.S. trade relationships built on what the administration described as decades of unfair treatment.

The scale was unprecedented in the modern era. A universal baseline tariff of 10% applied to all imports regardless of origin. Country-specific "reciprocal" rates went far higher: China faced 34% in additional IEEPA duties on top of existing Section 301 tariffs, bringing the effective rate on many Chinese goods to 145% or more. The European Union, Vietnam, India, Japan, and dozens of other trading partners faced rates ranging from 20% to 46%.

For U.S. importers, the financial impact was immediate. Supply chains locked up. Shipments in transit faced retroactive duty increases. Businesses that had structured procurement around existing duty rates suddenly faced costs that made entire product lines unprofitable. Legal challenges followed within days.

One year in, trade uncertainty has not resolved — but the legal picture has. The Supreme Court's ruling in Learning Resources v. Trump affirmed the unconstitutionality of IEEPA tariff authority, creating a clear legal basis for importers to reclaim duties paid. The question now is not whether refunds are available — it's whether importers will file before the windows close.

What the IEEPA Tariffs Covered

The IEEPA tariffs were sweeping in scope, affecting virtually every category of imported goods. Understanding exactly what was covered matters for identifying which of your entries are eligible for refund claims.

Universal Baseline Tariff (10%)

The 10% universal baseline applied to all imports from all countries, effective April 5, 2025. This applied in addition to existing Most Favored Nation (MFN) rates and any existing Section 301, Section 232, or antidumping/countervailing duties. For many products, this represented a straightforward 10% increase in duty costs across the board.

Country-Specific "Reciprocal" Rates

Higher country-specific rates applied to major trading partners, effective April 9, 2025 (though subsequently paused for most non-China countries while legal challenges proceeded). The most significant:

Product-Specific Exclusions

The IEEPA orders included several carve-outs from the start — and USTR subsequently granted additional exclusions under pressure from affected industries:

• • Semiconductors and electronics: Initially excluded, then subject to revised rates
• • Pharmaceuticals: Broadly excluded due to supply chain vulnerability concerns
• • Energy products: Crude oil, LNG, and refined petroleum excluded
• • USMCA-compliant goods: Qualifying Mexican and Canadian goods largely exempted
• • Steel and aluminum: Already subject to Section 232 tariffs; IEEPA created complex overlap

Section 232 Overlap

Steel and aluminum imports were already subject to Section 232 tariffs (25% and 10% respectively) imposed in 2018. The IEEPA orders created a complex stacking situation — importers paid both Section 232 and IEEPA duties on the same goods. The refund picture for steel and aluminum is nuanced: IEEPA duties are recoverable, but Section 232 duties remain in force and are not subject to the same refund claim.

The Refund Opportunity

The Supreme Court's ruling created an extraordinary situation: potentially hundreds of billions of dollars in duties paid under IEEPA authority are now legally recoverable. But recovering them requires affirmative action by importers — CBP does not automatically issue refunds. Here are the primary mechanisms:

1. CBP Protest Process (Primary Path)

The most direct route to an IEEPA refund is through the CBP protest process under 19 USC 1514. An importer of record files CBP Form 19, citing the Supreme Court ruling as the legal basis for refund of IEEPA-specific duties paid on each entry. For a full walkthrough of this process, see our CBP protest filing guide.

2. First-Sale Valuation Method

The first-sale valuation rule (codified in 19 CFR 152.103) allows importers to declare the value of goods based on the first sale in a multi-tier supply chain — typically the manufacturer's invoice price to a middleman, which is lower than what the U.S. importer actually paid. Since tariffs are calculated as a percentage of declared value, using first-sale valuation reduces the dutiable base.

For importers who did not use first-sale valuation for 2025 entries, there may be an opportunity to amend entry summaries before liquidation (if entries have not yet been liquidated) or to include first-sale arguments in CBP protests. Documentation requirements are strict: you need commercial invoices at each supply chain tier, proof of payment, and evidence that the first-sale price was an arms-length transaction for goods destined for U.S. export. See our first-sale valuation guide for full documentation requirements.

3. USTR Exclusion Requests

For goods where USTR granted product-specific exclusions from IEEPA tariffs, importers can claim refunds for duties paid during the exclusion period even if they did not apply the exclusion at time of entry. Cross-reference your HTS codes against the published USTR exclusion lists — your products may already qualify for refunds without requiring a protest.

4. Section 321 De Minimis (Ongoing Compliance)

The Section 321 de minimis exemption allows goods valued at $800 or less per shipment to enter duty-free. While the IEEPA orders temporarily modified de minimis eligibility for certain countries (particularly China), the Supreme Court ruling has created uncertainty about which de minimis restrictions survive. Importers using e-commerce fulfillment models should review their de minimis eligibility position under current rules. For an in-depth analysis, see our Section 321 de minimis guide.

Filing Deadlines — Act Now

This is the most critical section of this article. The 180-day protest window is not a suggestion — it is a hard legal deadline under 19 USC 1514(c)(3). Miss it and your refund right is extinguished permanently. There are no exceptions for hardship, ignorance, or ongoing litigation.

Here's what the calendar looks like today, on April 2, 2026:

Key fact: CBP typically liquidates entries 314 days after entry (the standard one-year liquidation cycle, often shortened to 90 days for routine entries). If your 2025 entries have been liquidated, your 180-day clock is running. Pull your ACE import activity summary today to identify liquidation dates across your entry portfolio.

Who Qualifies for IEEPA Refunds

Not every business that paid higher costs due to IEEPA tariffs qualifies for a direct refund. Eligibility is specific:

Importers of Record

The refund belongs to the party listed as the importer of record on CBP Form 7501 (the entry summary). This is typically:

• • The U.S. business that purchased the goods from a foreign supplier
• • The customs broker acting as nominal importer of record (the underlying business retains the legal right)
• • The U.S. subsidiary of a foreign parent, if it was listed as importer of record

If you are a retailer or manufacturer who purchased goods after U.S. customs entry, you are not directly eligible for a CBP protest — the importer of record is. However, your purchase agreement with your supplier may entitle you to a portion of any refund under contract law.

Affected HTS Codes

Your goods must fall under HTS codes that were actually subject to IEEPA tariff charges — meaning they were not excluded from the IEEPA orders by product-specific carve-outs, USMCA qualification, or other exemptions. Review your CBP entry summaries: Line 36 on Form 7501 shows the duty calculation, and duty codes will indicate which authority applies.

Duty Drawback Eligibility

If you re-exported goods after paying IEEPA duties, you may also qualify for duty drawback under 19 USC 1313 — a separate mechanism that refunds duties on exported merchandise. Drawback claims have their own three-year filing window and procedural requirements. Consult a licensed drawback specialist if you have significant re-export activity.

First-Sale Documentation Requirements

If you plan to combine a first-sale valuation argument with your protest, you must demonstrate:

• • Multi-tier supply chain: A manufacturer sold to an intermediary, who sold to you
• • Arms-length transaction: No related-party relationship at the first-sale level (or appropriate adjustments if related)
• • Destination confirmed: The goods were destined for U.S. export at the time of first sale
• • Price documentation: Commercial invoices, purchase orders, and proof of payment for the manufacturer-to-middleman transaction

How to File a CBP Protest

The CBP protest process under 19 USC 1514 is the primary mechanism for recovering IEEPA duties. Here's a step-by-step overview:

Step 1: Gather Entry Documentation

You will need CBP Form 7501 (entry summary) for each entry you are protesting. These are available through the ACE portal at ace.cbp.dhs.gov. Download your import activity summary for April 2025 through the present, noting each entry number, port of entry, liquidation date, and duty paid.

Step 2: Calculate the Protest Amount

For each entry, calculate the IEEPA-specific duties paid by identifying the applicable tariff lines on Form 7501. IEEPA duties will be listed under specific tariff subheadings (9903.XX.XX codes). Sum the IEEPA duties across all entries — this is your claimed refund amount. Use our refund calculator to verify your calculations.

Step 3: Complete CBP Form 19

CBP Form 19 (Protest and Application for Further Review) requires:

• • Importer of record name and identification number
• • Port of entry and entry numbers being protested
• • The date of liquidation for each entry
• • The specific tariff provisions being challenged (IEEPA 9903.XX.XX codes)
• • Legal basis: unconstitutionality of IEEPA tariff authority as established in Learning Resources v. Trump
• • Amount of duties being claimed for refund

Step 4: File Electronically via ACE

Electronic protest filing through the ACE portal is strongly preferred and significantly faster than paper filing. Log into ACE, navigate to the Protest module, and submit your Form 19 with supporting documents attached. You will receive a protest number confirming your submission — keep this for your records.

Step 5: Professional Recommendation

For claims above $25,000, or for importers with dozens of entries across multiple ports, working with a licensed customs broker or trade attorney is strongly recommended. Professional filers know the system, reduce the risk of technical errors that void a protest, and can manage large-volume filings efficiently. The cost of professional help is typically a fraction of the refund recovered.

Frequently Asked Questions

What were the IEEPA Liberation Day tariffs?

On April 2, 2025, President Trump invoked IEEPA to impose a universal 10% baseline tariff on all imports, plus higher country-specific "reciprocal" rates. China faced 34% in IEEPA duties on top of existing Section 301 tariffs, bringing effective rates to 145%+. The tariffs were declared unconstitutional by the Supreme Court in 2026 in Learning Resources v. Trump, creating the legal basis for refund claims.

Am I eligible for an IEEPA tariff refund?

If you were the importer of record on entries that paid IEEPA-specific duties between April 2025 and the Supreme Court order effective date, you are likely eligible — provided your entries have been liquidated and the 180-day protest window has not expired. Review your ACE entry summaries and identify entries with 9903.XX.XX IEEPA tariff lines.

What is the deadline to file a CBP protest?

180 days from each entry's liquidation date, under 19 USC 1514. This deadline is absolute — no exceptions. For entries liquidated in October 2025, the deadline is approximately April 6–9, 2026 — this week. Act immediately if you have unliquidated or recently liquidated entries from late 2025.

What is the first-sale valuation method?

The first-sale valuation method allows importers to use the earliest price in a multi-tier supply chain as the dutiable value, rather than the final price paid to the exporter. This reduces the base on which tariffs are calculated. For 2025 entries still open, a first-sale argument can be included in a CBP protest to reduce the claimed duty amount — but documentation is extensive and requirements are strict.

How do I file a CBP protest for IEEPA refunds?

File CBP Form 19 electronically through the ACE portal at ace.cbp.dhs.gov within 180 days of each entry's liquidation date. Include all affected entry numbers, the IEEPA tariff codes charged, and cite Learning Resources v. Trump as the legal basis. For large or complex claims, work with a licensed customs broker or trade attorney. See our detailed protest filing guide for a full walkthrough.

Take Action Today

One year after Liberation Day, the opportunity to recover IEEPA tariff duties is real and legally established — but it is not unlimited in time. Every day that passes closes more protest windows permanently.

Start with our Refund Impact Estimator to understand the scale of what you could recover. Then use our tariff refund calculator to verify entry-level calculations before you file. The tools are free — the window to use them is not unlimited.

This article is for informational purposes only and does not constitute legal, financial, or tax advice. Consult a licensed customs broker or qualified trade attorney before making decisions about your tariff refund claims.

For details on our calculation methodology, see our Methodology page.