Posted on 03/07/2026 2:33:25 AM PST by Enterprise
DCNF(DCNF)—The Trump administration can’t immediately comply with a court order to issue tariff refunds, according to a U.S. Customs and Border Protection (CBP) official.
Processing the “unprecedented volume of refunds” would require work that steers personnel away from “responsibilities that serve to mitigate imminent threats to national security and economic security,” Trade Programs Directorate Executive Director Brandon Lord told the court in an affidavit filed Friday morning.
The Court of International Trade directed the administration on Wednesday to start issuing refunds for tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Supreme Court held Feb. 20 that President Donald Trump did not have authority under the statute to issue tariffs.
The government has collected approximately $166 billion in IEEPA duties and estimated duty deposits as of Wednesday, according to the affidavit. Existing procedures and technology “are not well suited to a task of this scale,” Lord wrote, noting processing all of the “53,173,939 entries with IEEPA duties will require 4,431,161 man hours for CBP to complete.”
Some companies that attempted to reclaim duties have already been denied refunds, the Financial Times reported Friday.
“CBP has never been ordered to, nor has it attempted to, process a volume of refunds anywhere near the volume of total entries and Entry Summary lines on which IEEPA duties have been deposited,” Lord wrote. “However, where CBP’s predecessor, the U.S. Customs Service, was previously ordered to refund to exporters the Harbor Maintenance Fee (HMF) that was held to have been unconstitutionally imposed as applied to exports by the Supreme Court in United States Shoe Corporation v. United States (1998), the process took several years to complete and required an updated regulatory procedure.”
(Excerpt) Read more at thelibertydaily.com ...
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Sounds massive. Watch for commies with sticky fingers.
Sounds like this was the judgie poo es plans all along. Bog Trump down in red tape.
>> “CBP has never been ordered to, nor has it attempted to, process a volume of refunds anywhere near the volume of total entries and Entry Summary lines on which IEEPA duties have been deposited,” Lord wrote. “However, where CBP’s predecessor, the U.S. Customs Service, was previously ordered to refund to exporters the Harbor Maintenance Fee (HMF) that was held to have been unconstitutionally imposed as applied to exports by the Supreme Court in United States Shoe Corporation v. United States (1998), the process took several years to complete and required an updated regulatory procedure.”
This Lord guy... I LIKE him. He says “GFY” so much more eloquently than a crude underclass guy like me could ever imagine possible. :-)
I like the way he thinks!
These companies are looking for free money because they likely passed the increased tariffs down to the consumer. I would challenge the order because of this.
-PJ
Ultimately it was the US consumer that paid the tariffs and these companies would be unjustly enriched if the US issued the refunds to the companies.
If anything,m the refunds should be given to the taxpayers or just applied to the national debt.
TARIFF REFUND RECAPTURE INCOME TAX ACT of 2026
A special 100% income tax is hereby imposed on income received from the USCIS via a refund process.
Checks issued for such refunds may be placed immediately afterward in the cardboard boxes the Commissioner of the Internal Revenue Service shall provide. Otherwise, a 10% tax surcharge shall be due and payable.
Yes. With any luck the issue can again get to the SC so thy can deal with the mess they caused. I’m so pleased Trump played this card. After all the tariff money is going back to the people of the US which is who payed a reasonable %. The others merely collected it. Where is the evidence that they are the ones who deserve repayment.
Just tell the judge CHECKS ARE IN THE MAIL.
Refunds to who? The consumers who had higher costs passed on to them?
The tariff version 9f “in-store credit only”.
CC
Class action lawsuits to any company that raised prices on consumers, but still got a tariff refund. It's the only way.
“Refunds to who? The consumers who had higher costs passed on to them?”
That’s what the tariff dividend checks are going to be for. Why would people get paid twice for the same thing?
This is the first openly-defiant move by the Trump Administration against an out-of-control Federill court.
Trump’s line in the sand is the revenue he must collect to fund his foreign policies. Tariffs are the source of auxiliary military cash flow just as drug money has been to the dark side of the CIA.
FTA: "The government has collected approximately $166 billion in IEEPA duties and estimated duty deposits as of Wednesday"
and, from FR article @ They’ll talk about ‘junk fees’ but never address the financial burden of a massive, bureaucratic government
"study by “progressive” think tank Groundwork Collaborative shows that junk fees and annoyance costs add up to $166 billion per year..."
Seems like a borrowed number.
If they pass the cost on the consumer, why should they get a refund?
That’s counter-productive. Why not add up the total amount of tariffs collected and immediately apply it to the national debt. That way, at least those who paid the tariffs get lower debt cost for themselves and their children.
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