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Business Insights

How To File For Tariff Refunds

Key Takeaways

  • The Supreme Court has ruled Trump’s IEEPA tariffs unlawful
  • This ruling opens the door for many businesses to get refunded for IEEPA tariffs they paid directly on imports
  • In order to be eligible for your money back, your business must have been the Importer of Record and the liquidation date must have been less than 180 days ago
  • Read our breakdown on how small business owners can collect the necessary information and documentation to officially request their refund
It is estimated that the direct annual tariff cost to U.S. small businesses was between $85 billion and $99.6 billion.

From April to September of 2025, roughly 236,000 small business importers in the U.S. paid an average of $151,000 more in tariffs compared to the same period in 2024.

Supreme Court Tariff Ruling

On Friday February 20, the Supreme Court released a decision condemning the Trump administration’s sweeping tariffs imposed under the International Emergency Economic Powers Act (IEEPA).

This 1977 Act gives the president authority to broadly manage U.S. economic transactions with other countries after declaring a national emergency.

President Trump evoked the IEEPA to set tariffs on virtually every country the U.S. trades with, citing a U.S. trade deficit and the flow of fentanyl and undocumented immigrants across the southern border as the “national emergencies” justifying his tariffs.

This was the first time in history that a U.S. president attempts to use the IEEPA to enact tariffs.

The Supreme Court majority held that the IEEPA is not an act that gives unchecked authority to the president to unilaterally impose tariffs.

What Changes With This Ruling?

The Supreme Court striking down Trump’s IEEPA tariffs means the termination of:
  • The 10% baseline “reciprocal” tariff on nearly every country in the world
  • The higher country-specific reciprocal tariffs targeting countries like China, Vietnam, and EU members
  • The fentanyl and drug-trafficking emergency tariffs on Mexico, Canada, and China
  • Critically, the ruling extends to all IEEPA tariffs categorically — not just specific rates or countries. The Court found the fundamental legal defect was that IEEPA is simply not a tariff statute at all
The Court’s decision did not strike down:
  • Section 301 tariffs on China (authorized under a different trade law)
  • Section 232 tariffs on steel and aluminum (authorized under a different national security law)
  • Any tariffs properly authorized by Congress through explicit legislation
Notably, only tariffs under the IEEPA were struck down, not all Trump-era tariffs.

What Does This Mean For Small Business Owners?

First and foremost, small business owners will no longer need to pay higher prices for imported goods, whether they are the direct importer or purchase imported goods from a wholesaler.

For small business owners who do import goods directly, the Supreme Court’s decision opens the door for those businesses to collect refunds from any tariffs they paid that have now been deemed illegal.

How To Know If You Qualify For Tariff Refunds?

Not all tariffs paid are eligible to be refunded, and not all businesses who distribute imported goods qualify for tariff refunds on those goods.

Here is how you can determine your tariff refund eligibility:
  1. Confirm that your business was the Importer or Record (IOR) on any imported goods purchased
    • Collect the Customs & Border Protection (CBP) Form 7501s, also known as “Entry Summaries,” for each imported shipment from the last year.
    • This form can be easily accessed through the Automated Commercial Environment (ACE) Portal. Skip to the section below on collecting your refund to learn how to find CPB Form 7501 through the Portal.
    • If your business is the IOR of that shipment, your business name will be listed near the top of the form.
    • If you are not the IOR, you will not be able to claim a refund.
  2. Call your customs broker if you used one
    • Call your customs broker and tell them you are collecting a list of all the entries on which you are listed as the IOR from February 2025 through present day that included IEEPA tariffs.
    • If you did not use a customs broker and did not purchase your imported goods through a wholesaler, you are most likely the IOR on the shipments.
  3. Once you’ve collected confirmation of all your imported shipments from the last year, confirm that the tariffs you paid were tariffs under the IEEPA specifically, as these are the only tariffs that have been ruled unlawful
    • On CBP Form 7501, look at the column labeled “HTS Number.”
    • IEEPA tariffs will be identified in this column with a code beginning in 9903.01 or 9903.02.
    • Note that codes 9903.88 (China 301 tariffs) and 9903.80/9903.85 (steel/aluminum tariffs) are not IEEPA tariffs and are therefore not eligible to be refunded.
  4. Identify the liquidation status on each entry
    • Liquidation is essentially the CPB’s “closing of the books” on a shipment.
    • Entries liquidated less than 180 days ago are easier to contest for a refund. We are awaiting more information on how to pursue a refund on entries liquidated from over 180 days ago.
    • For shipments with closed protest windows, consult a trade attorney about alternative legal action through the Court of International Trade.
If you can identify shipments on which you are listed as the IOR that included IEEPA tariffs and they have not been liquidated more than 180 days ago, you are eligible for a refund.

We also recommend adding up your total IEEPA tariffs paid. That is your maximum potential refund before interest. This number can help you determine how much time, money, and effort you are willing to invest in chasing down your refund.

How Can Small Business Owners Collect Tariff Refunds?

The road to tariff refunds for small business owners is rocky.

While there are advocacy groups pushing to make the refund process easier, small business owners should not expect an automatic deposit with their money back.

If you believe you are eligible for a refund, it is best to start working through the process of formally filing immediately, as the deadlines to be refunded for some tariffs paid on imports from early last year are rapidly approaching.

Once you have confirmed your eligibility for tariff refunds, here is how you can begin to formally file for your money back:
  1. Create or log into your Automated Commercial Environment (ACE) Portal
      This is the U.S. government’s free online customs system where all your import records live.
  2. From ACE, pull your import history
    • Navigate to the “Entries” section of your account dashboard.
    • Filter entries by date range: February 1, 2025 to today.
    • Download or print the full list — this is every shipment your business brought into the U.S. during the tariff period.
    • For each entry, note the entry number, entry date, and port of entry.
  3. For each imported entry, collect the corresponding CBP Form 7501
    • In ACE, click the entry number to open the full entry record.
    • Find and download the CBP Form 7501 (Entry Summary) for that shipment
    • Look at the column labeled “HTS Number.
    • You are specifically looking for any line that starts with 9903.01 or 9903.02 — these are the IEEPA tariff lines the Supreme Court just struck down.
    • Write down the dollar amount in the “Duty” column next to those specific lines, as that is what may be refundable.
  4. Check the liquidation status of each entry
    • For the entries that have not been liquidated over 180 days ago, sort each entry into two categories:
      • Not yet liquidated
      • Liquidated less than 180 days ago
  5. Set up ACH direct deposit in the ACE Portal
    • You can only receive your refund through direct deposit.
    • Add your business bank account’s routing and account number
  6. For unliquidated entries, file a Post-Summary Correction
    • In ACE, locate each unliquidated entry from Pile A
    • Select the option to file a Post-Summary Correction
    • In the correction, you are changing the IEEPA duty lines (9903.01.XX or 9903.02.XX) to reflect a $0 duty rate, since those tariffs are now ruled illegal
    • Include a brief written statement explaining: “IEEPA tariffs on this entry were ruled unlawful by the U.S. Supreme Court in Learning Resources, Inc. v. Trump (February 20, 2026). Requesting correction of duty to $0 and refund of amounts paid.”
    • Submit and save your confirmation number
  7. For entries that have been liquidated less than 180 days ago, file a formal protest
    • Fill out CBP Form 19
      • Box 1 — Port: The port of entry where your goods came in (found on your Form 7501)
      • Box 2 — Importer name and number: Your business name and CBP importer number
      • Box 3 — Entry number(s): List every entry you are protesting (you can group multiple entries in one protest if they involve the same issue)
      • Box 4 — Date of liquidation: The liquidation date from your ACE records
      • Box 5 — Description of merchandise: Brief description of what you imported
      • Box 6 — Nature of protest and justification: This is the most important box. Write clearly:
        • “Protesting assessment of IEEPA tariffs under HTS codes 9903.01.XX and/or 9903.02.XX. On February 20, 2026, the U.S. Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA does not authorize the imposition of tariffs, rendering these duties unlawful. I am requesting a refund of all IEEPA duties paid on the above entries, plus applicable interest.”
      • Box 7 — Relief requested: Write “Full refund of IEEPA duties paid plus interest”
    • File CBP Form 19 through the ACE Portal Protest Module
  8. After filing, keep records of all shipments for which you’ve requested tariff refunds, all the Post-Summary Corrections filed, and all formal protests submitted with CBP Form 19.
CBP has up to two years to review protests. You should check in on the status of your claims every 60-90 days under the “Protests” section on your ACE Portal dashboard.

If your claims are approved, the refund plus interest will be deposited directly into the bank account you listed for direct deposit in the Portal.

Overwhelmed? NEWITY Can Help.

As things progress, changes could be made to the process of collecting IEEPA tariff refunds. Sign up to receive communication and support from our team as developments unfold.

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NEWITY LLC and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.

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