WASHINGTON — The U.S. Customs and Border Protection tariff refund system went live Monday, marking what small business advocates call a “complex” first step for entrepreneurs to recoup $166 billion in import taxes accrued under President Donald Trump’s emergency tariffs, which the U.S. Supreme Court struck down in February.
Importers and brokers can now upload a detailed list of each tariff paid under Trump’s now-illegal order to charge duties under the International Economic Emergency Powers Act, or IEEPA.
Customs officials estimate 330,000 importers paid the duties. Refunds are expected within 60 to 90 days, according to CBP.
The Supreme Court’s 6-3 decision earlier this year found Trump’s steep global tariffs exceeded his presidential powers.
Following the high court’s decision, U.S. Court of International Trade Judge Richard Eaton ordered the government to stop charging the tariffs and establish a refund system.
A handful of small businesses and Democratic state attorneys general led the legal challenge to Trump’s 2025 “Liberation Day” tariffs.
States Newsroom documented the experiences of several small businesses across the U.S. who faced increased costs following Trump’s change in international trade policy.
Now many are experiencing a “confusing mix of relief,” Richard Trent, executive director of Main Street Alliance, told States Newsroom in an interview Monday.
Trent, whose organization advocates on behalf of small businesses said “our entrepreneurs, many of whom were angry that they had to pay tariffs in the first place, and were frustrated by the back-and-forth over the last year, opened up the portal this morning only to see that it had crashed. It just feels like the uncertainty just keeps popping up.”
Trent, who spoke to “five or six” businesses Monday morning who experienced technical issues, said the portal was up and running again by afternoon.
Customs and Border Protection did not confirm for States Newsroom whether the system had crashed, but rather provided a written statement.
“U.S. Customs and Border Protection has developed a new tool, the Consolidated Administration and Processing of Entries (CAPE), to efficiently process refunds, pursuant to court order, for importers and brokers who paid IEEPA duties,” according to an agency spokesperson.
“CBP has issued guidance to the trade community to help them prepare to use the new CAPE tool. Importers and brokers can visit CBP’s website for resources and step-by-step guidance,” the statement continued.
Monday’s launch is the first part of a four-step process in refunding the taxes paid by American businesses of all sizes.
Trent said the “complex” process is yet another hurdle for small operations.
“This is progress, but it’s not yet justice,” Trent said in an earlier statement Monday. “Small business owners should not have to jump through hoops to get back money they never should have had to pay. We need a refund process that is simple, accessible, and fast.”
The Liberty Justice Center, the libertarian legal advocacy group that represented small business plaintiffs before the Supreme Court, has established the Tariff Equity Refund Resource for America. The platform offers online guides for how to properly submit documentation for the refunds.
“We took this fight all the way to the Supreme Court on behalf of small businesses, and we’re not stopping now,” Sara Albrecht, chair of the Liberty Justice Center, said in a statement Monday. “We are a nonprofit law firm — our only goal is to help businesses recover every dollar they are owed, not to take a percentage of it. At a time when others are looking to profit off confusion, we are making this process clear, accessible and free.”
Trump declared international trade a national emergency just over a year ago, citing a trade imbalance on imports and exports between the United States and several other countries. The president imposed a 10% blanket tariff on all global imports and steeper double-digit taxes on products from some of the top U.S. trading partners.
The president delayed and changed the rates on numerous occasions.
Following his Supreme Court loss, Trump imposed a new round of universal, temporary tariffs under a separate statute. The Liberty Justice Center is again representing small businesses in court to fight the new import taxes.
Missouri Independent is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent maintains editorial independence. Contact Editor Jason Hancock for questions: info@missouriindependent.com.