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The Justice Department said on May 30 it will appeal a U.S. Court of International Trade order that directed U.S. Customs and Border Protection (CBP) to allow all importers who paid tariffs struck down by the U.S. Supreme Court to seek refunds.
The Supreme Court ruled in February that President Donald Trump lacked constitutional authority to impose the sweeping global tariffs under the IEEPA; Judge Richard K. Eaton subsequently ordered CBP to reprocess entries and repay unlawfully collected duties.
CBP launched an online portal on April 20 and began issuing refunds on May 12.
As of May 22, applications totaling roughly $85 billion had been accepted for processing and the Treasury had been instructed to issue about $20.6 billion in refunds from an estimated $166 billion liability.
The government argues Eaton exceeded his authority by issuing a universal injunction and contends the agency lacks legal and technical ability to reliquidate all finalized accounts without importer-specific court orders.
Eaton has scheduled a June 9 hearing and demanded CBP Commissioner Rodney Scott appear; the administration asked that deputies testify instead.
Major retailers and thousands of smaller importers are watching as the appeal threatens to slow or halt the ongoing refund process.




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