The U.S. Court of International Trade will allow importers to pursue a class-action lawsuit over the now-defunct tariffs imposed under the International Emergency Economic Powers Act, potentially extending refunds far beyond the companies that filed their own suits. In a slip order issued Thursday, the court certified a class of importers who paid IEEPA tariffs between February 1, 2025, and February 19, 2026, excluding those already pursuing separate lawsuits; more than 4,000 individual suits have been filed so far.
The Supreme Court ruled the IEEPA tariffs illegal in February, and the trade court ordered Customs and Border Protection to refund roughly $166 billion collected under them. CBP has since paid out over $100 billion through its CAPE refund portal, but the court found that smaller importers are falling through the cracks: many lack the resources or awareness to file individual claims, and without a class mechanism about $30 billion in unlawful duties would remain with the government.
The certification does not immediately pay anyone. The court set a closed conference for October 13 and an October 22 deadline for further scheduling filings, while the Justice Department is still appealing the refund order on jurisdictional grounds. The class certification creates a single path for non-litigants toward a court-ordered refund of their entries.