News / Register and keep on top of tariff refund developments, US importers warned

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As the Trump administration makes good on its pledge to be more aggressive in pursuing trade enforcement, US importers are advised to prioritise due diligence to maximise their chance of any tariff refunds. 

Trade compliance expert and customs broker Rennie Alston advised importers waiting for the Supreme Court decision, on whether the president’s tariffs were illegal, to “keep track of their liquidation status” and note individual deadlines for the period to protest a previously finalised entry. 

He said: “You need to know what possible entries are within a protest period today versus if it was in April, from the 2 April announcement, that average period would start to materialise in February. 

“However customs could be liquidating entries sooner. So, liquidation reports, being an ACE [automated commercial environment] participant, going into your ES003 or ES005 or 010 reporting is very, very important,” Mr Alston urged.  

“There is a projection that there’s going to be a decision made within the next 45 to 60 days. So, as those liquidations mature, I say stay abreast, stay current of the developments.”

And Nunzio De Filippis, co-CEO of CargoTrans and also a customs broker, highlighted the CBP’s official decision to issue any refunds electronically. 

“Which basically means if you don’t have your ACH set up, no refunds for you,” he said. “Make sure you do your due diligence and register.” 

ACH payments are transfers of funds between accounts at different financial institutions. The ACH network is administered by the National Automated Clearing House Association (Nacha), an independent organisation owned by a large group of banks, credit unions and payment processing companies. 

“If an importer cannot see this themselves, they’re relying blindly on the broker, which is risky in this high refund environment,” Mr De Filipis warned. 

Indeed, Mr Alston added that CBP would not issue reminders to set up an ACH system. 

“Customs has already advised the trade that this is the mechanism and the platform for refunds. So, if you are not part of that ACH electronic registration platform, the immediate task is to register for electronic refunds,” he said. 

“Customs is a revenue collection agency, not a revenue refund agency. So, it believes if you aren’t astute enough to keep track of what money is owed – especially in this particular process – then those funds will remain in a dormant state.” 

Alongside the Supreme Court’s deciding if IEEPA tariffs are unlawful, the Trump administration has been making good on its pledge “to be more aggressive in pursuing trade enforcement”, according to a report today from law firm Sandler, Travis & Rosenberg (ST&R). 

“Importers are thus well-advised to ensure they have strong compliance measures in place so as to withstand federal scrutiny, expected to increase in 2026, and avoid the financial and reputational costs that violations and resulting penalties could incur,” the firm said.  

Indeed, the Department of Justice (DoJ) has recently launched a “revitalised” trade fraud task force, featuring expertise from its civil and criminal divisions collaborating with CBP and Homeland Security.  

It is also “encouraging referrals and cooperation” from domestic industries harmed by unfair trade practices and trade fraud – more commonly known as ‘snitching’. 

Officials said enforcement efforts will include duty and penalty collection actions, criminal prosecutions, penalties, and seizures.  

“With more and more companies getting swept up in CBP’s enforcement net, it’s more important than ever to have, and stick to, a plan that not only avoids further problems but can also improve prospects for a favourable resolution,” said Jason Kenner, a former DoJ attorney who heads ST&R’s litigation practice.  

“Conducting internal risk assessments and/or compliance reviews can help identify possible vulnerabilities and prompt improved processes and procedures,” he advised.