US importers still pay Trump-era tariffs as Customs set to halt collection from Feb 24

Importers still pay Trump-era tariffs as US Customs yet to act after Supreme Court ruling

Despite the US Supreme Court ruling that President Donald Trump’s “reciprocal” tariffs under the International Emergency Economic Powers Act (IEEPA) are unlawful, American importers are still being charged duties on incoming goods, as U.S. Customs and Border Protection (CBP) has not yet updated its Cargo Systems Messaging Service.

According to Reuters, CBP announced it will officially stop collecting the IEEPA tariffs deemed illegal by the Supreme Court starting at 12:01 a.m. EST (05:01 GMT) on Tuesday, February 24.

CBP working to implement Supreme Court decision

In a bulletin issued Friday, CBP said it is reviewing the implications of the Supreme Court ruling alongside other government agencies and will provide technical guidance to Automated Commercial Environment (ACE) filers once available.

Customs officials told CNBC that this remains the latest guidance, meaning importers must continue to declare IEEPA tariff codes to clear cargo.

“Customs has not removed the requirement to report the IEEPA tariff codes in order to obtain a release of goods, so for cargo to continue moving, the IEEPA tariffs are still being reported on entries,” said Lori Mullins, director of operations at Rogers & Brown Custom Brokers.

She added that the industry is awaiting confirmation that entries can be processed without the tariffs, but “as of now, that change has not been made, and Customs still requires them.”

Millions in cargo affected

According to Vizion’s Tradeview platform, approximately 211,000 containers valued at $8.2 billion arrived at U.S. ports between Friday and Sunday. Importers have a 10-day window to pay the tariffs, with no money transferred until the tenth day. Entry summaries can be amended up to nine days after release, before payment is due. After payment, companies must file post-summary corrections to seek refunds.

“It’ll likely take Customs some time to reconfigure their system to reflect the Court’s ruling,” said Michael Lowell, partner and chair of the Global Regulatory Enforcement Group at law firm Reed Smith. He noted that importers may initially file paperwork including the tariffs and later submit corrections before payment.

“Corrections usually take within a couple of weeks, up to 30 days,” Lowell added, cautioning that the scale of the issue may slow processing.

Uncertainty over refunds

The Supreme Court ruling did not address refunds, leaving questions about whether importers will recover duties paid. These issues will be decided by the U.S. Court of International Trade (CIT).

“This is the first time a tariff has been declared unconstitutional with this amount of money at stake,” said Ben Bidwell, senior director for Customs at CH Robinson. He noted it remains unclear whether widespread refunds will be allowed or whether some importers will receive any reimbursement at all.

In a Q&A on the ruling, logistics giant Kuehne  Nagel said, “The CIT is expected to handle any refund mechanisms, but no timelines exist; high volumes of claims could create years-long delays.”