U.S. importers are still paying tariffs despite the Supreme Court's final ruling that the Trump administration's reciprocal tariffs are unlawful, according to reports.
CNBC reported on the 22nd (local time) that U.S. Customs and Border Protection (CBP) has not yet posted a notice on its Cargo Systems Messaging Service (CSMS) that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) are being eliminated. CSMS is a notification service through which customs communicates changes to clearance systems and tariff regulations to the trade industry.
On the 20th, customs stated only that "CBP is working with other government agencies to fully review the impact of the Supreme Court decision. We will provide additional information and guidance for Automated Commercial Environment (ACE) filers as soon as possible." ACE is the customs electronic system for export-import declarations and processing.
Lori Mullins, chief operating officer at customs brokerage Rogers & Brown Custom Brokers, told CNBC, "We still have to declare those tariffs because customs has not removed the requirement to declare IEEPA tariff codes for clearance."
According to TradeView, a logistics analytics platform operated by data firm Vizion, approximately 211,000 containers (goods worth about $8.2 billion) arrived at U.S. ports between the 20th and 22nd.
Mullins said importers have a 10-day period after declaration before they actually pay tariffs. "Entry summaries can be amended up to nine days after cargo release, with payment occurring on day 10. After that, you have to pay first and then apply for a refund through post-entry amendments," she explained.
However, she added that processing could slow due to the massive scale of amendments required. "Normally, amendments take anywhere from a few weeks to up to 30 days. But given the volume this weekend, delays are likely," she noted.
The more fundamental issue is uncertainty surrounding tariff refunds. The Supreme Court did not rule on the refund question, which will be decided by the U.S. Court of International Trade (CIT).
Ben Bidwell, director of customs at logistics and forwarding company C.H. Robinson, said, "This is the first time tariffs of this magnitude have been ruled unconstitutional. There is significant uncertainty about whether CIT will allow broad refunds, limit them to certain companies, or whether refunds will even be possible."
Logistics company Kuehne+Nagel advised clients in a Q&A on the Supreme Court ruling to prepare all customs documents needed for refunds. "CIT is expected to handle the refund process, but no specific timeline has been set. The large volume of claims could result in delays spanning years," the company noted.