Certified class seeks IEEPA refunds for 330,000 importers

Nearly 330,000 importers paid about $166 billion in tariffs under the International Emergency Economic Powers Act (IEEPA); a government court filing cited by Davis Wright Tremaine said Customs and Border Protection had refunded more than 75% with interest by Oct. 2.

The Supreme Court ruled in February that IEEPA tariffs exceeded the president’s powers. The commercial fight now concerns who receives the rest, and how quickly.

Who still has money outstanding?

Fortune put disbursements at more than $115 billion as of August. That left less than a quarter of the $166 billion, or under roughly $42 billion, still in the queue.

Most remaining claimants are small businesses and individuals. Fortune cited several practical barriers:

• Technical errors in submissions to CBP’s Consolidated Administration and Processing of Entries system.
• Missing or incorrect refund paperwork.
• Too few legal resources to file individual cases.
• Purchases made through a third-party importer of record.

“Finally liquidated” entries create a separate obstacle. The government argues that each requires an importer-specific remedy, while CBP said in June that it could not process those entries through its Consolidated Administration and Processing of Entries, or CAPE, system.

What does the certified class cover?

On Oct. 8, Judge Richard Eaton certified a class covering importers of record that paid duties between Feb. 1, 2025 and Feb. 19, 2026. The class excludes any company that filed its own case. It includes finally liquidated entries, and the certification was only the second class certification in the trade court’s history.

IEEPA duties on Brazilian and Indian goods sit outside the challenged orders, so those importers must still seek relief individually. Certification did not move cash. Members receive refunds only if the court enters a classwide order and CBP processes their entries.

Why does the class need another order?

On Nov. 10, class counsel filed a motion in Freestyle World, Inc. v. United States seeking a relief order covering all eligible class members, not only businesses that sued.

Lawrence Friedman of Barnes, Richardson & Colburn, along with Elizabeth Cabraser and Nicholas Diamand of Lieff Cabraser Heimann & Bernstein, said the proposed order would give CBP the authority it says it needs for full refunds with interest. Their point is blunt: tens of thousands of small businesses lack the resources to bring their own cases.

The Trump administration maintains that only importers that sued are entitled to refunds. “CBP has no authority to reliquidate or refund money without a court order,” the Justice Department said in a filing.

What did Eaton order earlier?

Eaton ruled in March that every importer that paid the struck-down tariffs was entitled to a refund. He issued a universal refund order the following month. The Justice Department appealed that order to the Federal Circuit in June, arguing that Supreme Court limits on universal relief forbid it.

Eaton disagrees. He contends that the Supreme Court’s universal-injunction restrictions do not govern the trade court because it has exclusive jurisdiction over trade cases. The appeal remains pending, and Davis Wright Tremaine expects the government to appeal the class certification too.

The Justice Department must answer the class complaint by Nov. 13 and respond to the Nov. 10 relief motion by Dec. 9. It did not respond to Fortune’s request for comment.

Who has already recovered the money?

Large companies have already booked refunds. Alcon reported a $58 million tariff refund in its third quarter. On’s net income rose 37% as tariff refunds lifted results, and SharkNinja counted refunds in its third-quarter earnings.

For companies able to litigate, the process has become unusually quick. Individual suits have produced refund orders within about four business days, with CAPE access following within one business day. For smaller importers, speed and affordability pull in opposite directions.

What changes before 2027?

Importers that want to sue separately face a limitations deadline that starts falling on Feb. 4, 2027. A classwide order could direct CBP to process the remaining entries, though the pending appeal and processing limits still govern timing.

The dispute also carries political weight. Sen. Elizabeth Warren wrote to CBP in June, accusing the administration of having “slow-walked the refund process.” Democrats who gained ground in the latest midterms plan to seek repeal votes on specific tariffs, beginning with Canada under Sen. Ron Wyden.

The next test is procedural, not financial: whether the court grants relief that reaches smaller claimants and finally liquidated entries before the appeal and processing bottlenecks harden. A grant could accelerate release of part of the roughly $42 billion still outstanding; a denial would leave small importers dependent on individual suits and the February deadline.