Importers still paying Trump’s tariffs after Supreme Court ruling

Following the recent Supreme Court ruling that President Donald Trump’s “reciprocal” tariffs are illegal, U.S. importers continue to pay duties on goods entering the country. The U.S. Customs and Border Protection (CBP) has not yet updated its Cargo System Management Service to remove the duties imposed under the International Emergency Economic Powers Act (IEEPA). Customs typically posts updates on tariff changes and trade-related information on its Cargo Systems Messaging Service.

Customs recently issued a bulletin stating that they are working with other government agencies to assess the implications of the Supreme Court decision. They will provide further information and technical guidance for ACE filers once available. According to Customs, this is the most recent update for importers at the moment.

The paperless Automated Commercial Environment is used by Customs for import and export processing. An executive order signed by Trump instructed CBP to modernize its payment system.

Lori Mullins, director of operations at Rogers & Brown Custom Brokers, noted that the requirement to report IEEPA tariff codes remains in place for cargo release. Importers are awaiting confirmation from Customs to accept entries without these tariffs. Mullins explained that until the change is officially made, Customs still mandates reporting these tariffs.

Over the weekend, an estimated 211,000 containers of goods worth $8.2 billion entered U.S. ports, as reported by Vizion’s Tradeview platform. Importers have a 10-day window to pay the tariffs, allowing for amendments to entry summaries before payment is due on day 10.

Michael Lowell, partner at Reed Smith, highlighted that it may take Customs time to update their system following the Court’s decision. Importers are advised to file paperwork with tariffs included, then make corrections once Customs implements the changes.

Importers are also concerned about potential refunds, which the Supreme Court did not address. The U.S. Court of International Trade (CIT) will decide on refund matters, with uncertainties surrounding the timeline and eligibility for refunds.

Kuehne + Nagel emphasized the importance of having all customs documents in order for potential refunds from CIT. The volume of claims could result in significant delays in the refund process.

As importers navigate these uncertainties, they await further guidance from Customs and the CIT regarding the implications of the Supreme Court ruling on tariffs.