On June 2, 2026, the U.S. Department of Justice (“DOJ”) on behalf of the Trump administration formally appealed at the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) the order of Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) compelling U.S. Customs and Border Protection (“CBP”) to refund importers
Court of International Trade
DOJ Signals Intent to Appeal CIT’s IEEPA Tariff Refund Injunction After CBP Commissioner Ordered to Appear
In a May 29, 2026 filing, the U.S. Department of Justice (“DOJ”) indicated it planned to appeal a U.S. Court of International Trade (“CIT”) injunction requiring U.S. Customs and Border Protection (“CBP”) to refund duties collected under the International Emergency Economic Powers Act (“IEEPA”).
Background
On March 4, 2026, CIT Senior Judge Richard Eaton…
CIT Panel Strikes Down Trump Administration’s Section 122 Tariffs
In a 2-1 decision on May 7, 2026, a three-judge U.S. Court of International Trade (“CIT”) panel struck down the Trump administration’s implementation of Section 122 tariffs (see Update of February 23, 2026).
The 10% tariff on a wide range of imported goods, the panel reasoned, extended beyond President Trump’s power to address…
CBP Provides CIT Latest Updates on IEEPA Tariff Refunds
On April 14, 2026, U.S. Court of International Trade Senior Judge Richard Eaton held a closed conference in the new lead case, Euro-Notions Florida, Inc. v. U.S. Customs and Border Protection, et al., addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). At the conclusion of the conference, the Judge…
CBP Confirms April 20, 2026 Launch of Phase 1 of the IEEPA Tariff Refund Process
On April 10, 2026, U.S. Customs and Border Protection (“CBP”) published Cargo Systems Messaging Service (“CSMS”) #68315804, confirming that Phase 1 of the process to refund duties paid by importers under the International Emergency Economic Powers Act (“IEEPA”) will launch on April 20, 2026. Known as the Consolidated Administration and Processing of Entries (“CAPE”)…
CIT Endorses Phase 1 of the IEEPA Tariff Refund Process Ahead of CBP’s April 20 Rollout
On April 1, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, the lead case addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”), concluding that the government “continues to make satisfactory progress” and “is on…
CIT Expands IEEPA Tariff Refund Order to Include Finally Liquidated Entries
On March 27, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, updating his March 20, 2026 order regarding refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). (For background on the March 20, 2026 order, see…
CIT Judge Further Amends IEEPA Order, Noting Protests for Liquidated Entries
On March 20, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) issued another Order in Atmus Filtration Inc. vs. United States regarding refunds of duties paid under the International Emergency Economic Powers Act (IEEPA). In summarizing the CIT’s March 19, 2026 closed conference with plaintiff and government legal counsel, the…
Eaton Formally Assigned IEEPA Tariff Refund Litigation, Signals New Lead Case
On March 17, 2026, Chief Judge Mark Barnett of the U.S. Court of International Trade (“CIT”) issued an order of reassignment transferring cases seeking refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”) to CIT Senior Judge Richard Eaton. Chief Judge Barnett’s order effectively ratified Judge Eaton’s March 4, 2026 order in…
CBP Reports Progress on IEEPA Tariff Refund Process
On March 12, 2026, Judge Richard Eaton of the U.S. Court of International Trade (CIT) held a second conference with the parties in the Atmus Filtration, Inc. vs. United States, et al. litigation matter regarding the progress of Customs and Border Protection (CBP) in establishing a process and procedures to allow for automated refund of…
