The filing said that as of March 4, more than 330,000 importers have made more than "53 million entries in which they have deposited or paid duties imposed pursuant to the International Emergency Economic Powers Act."
That adds up to $166 billion.
March 6 (UPI) -- U.S. Customs and Border Protection told a judge Friday that it can't comply with his order to begin refunding tariffs that the Supreme Court ruled illegal
March 6, 2026 / 2:09 PM
CBP argues it can't comply with court order on tariff refunds
By
Lisa Hornung Cargo shipping containers sit at Port Jersey container terminal in Jersey City, N.J., in April. Customs and Border Protection argued that it can't comply with a court order to refund illegal tariffs. File Photo by Angelina Katsanis/UPI
- On Wednesday, the Court of International Trade ordered the department to begin reimbursing the importers who paid the tariffs created by President Donal Trump under the International Emergency Economic Powers Act, Axios reported.
- The Supreme Court determined Fe. 21 that he didn't have the power to do so under that law.
- On Friday, Customs and Border Protection's Brandon Lord, executive director of Trade Programs at the agency, told the court in a filing that it's now facing "an unprecedented volume of refunds."
Key Details on the Ruling and Impact:
- Scope: The order applies to all importers of record who paid IEEPA-based duties, not just those involved in specific lawsuits.
- Invalidation: The Supreme Court ruled in Learning Resources, Inc. v. Trump that the president cannot unilaterally impose these tariffs, as the power to levy taxes belongs to Congress.
- Amount:
Estimated refunds could total up to $166 billion, with the CBP
indicating an "unprecedented volume" of over 53 million entries to
process.
- Implementation Delay:
CBP announced it cannot immediately comply with the order due to
technical limitations and expects to need 45 days to begin issuing
refunds.
- Appeals: The Trump administration is expected to appeal the decision, creating potential further delays.
The
ruling is a significant setback for the administration, which had been
using these tariffs as a cornerstone of its trade policy.
The
move follows a March 4 order by a judge on the federal trade court in
New York to stop calculating President Donald Trump’s emergency tariffs
on importers’ customs paperwork.
Immediately after the Supreme Court announced its decision in the
tariff case, Trump made comments suggesting the government might oppose
paying refunds.
“I guess it has to get litigated,” the president said at the
time. He also speculated that the issue might take years to resolve.
Importers have paid approximately $170 billion on tariffs so far.
Schwab said the president’s statements made “things a little murkier,”
so they are hoping for clarity from the trade court as soon as possible.
“Hopefully the Justice Department attorneys will work with us and it will be an easy process,” he said.
Spokespeople for the Justice Department and the White House didn’t immediately respond to requests for comment.
- The small businesses that brought one of the cases that went
before the justices didn’t specify how much money they’re seeking to
recoup.
- Their lawyers told the trade court on Feb. 24 that any refund
process adopted in the case could serve as a “template for providing
swift relief” for the rest of the companies pursuing claims.
