Importers still paying Trump’s tariffs after Supreme Court ruling
Despite Friday’s Supreme Court decision ruling that President Donald Trump’s “reciprocal” tariffs are illegal, U.S. importers are still paying taxes on goods entering the country.
U.S. Customs and Border Protection (CBP) has not yet updated its Cargo System Management Service to eliminate duties imposed by Trump under the International Emergency Economic Powers Act (IEEPA). Under U.S. trade policy, Customs is required to post updates about tariff changes and other trade-related information on its website. Cargo Systems Messaging Service.
On Friday, customs issued a statement. bulletin The following statements were included in the decision:[T]CBP is working with other government agencies to fully review the implications of the SCOTUS decision. CBP will provide additional information and technical guidance for Automated Business Environment (ACE) filers as soon as possible.”
CNBC was told by Customs that this is the latest update for importers for now.
paperless Automated Commercial Media It is the Customs system used to process imports and exports. One executive order The agreement, signed by Trump in March, charged CBP with modernizing the manual payment system.
“Customs has not eliminated the requirement to report IEEPA tariff codes to ensure the release of goods, so IEEPA tariffs are still reported at entries to keep cargo moving,” said Lori Mullins, director of operations for Rogers & Brown Custom Brokers. “We are still awaiting a CSMS message confirming that a change to accepting entries without these tariffs has been approved, but as of now this change has not been made and Customs still require them.”
An estimated 211,000 containers worth about $8.2 billion arrived at U.S. ports between Friday and Sunday, according to Vizion’s trading platform Tradeview.
Mullins said importers have a 10-day window to pay the tariffs.
“No funds are actually transferred until the 10th day, so Special listing summaries can be changed up to 9 days after the shipment is delivered, which is before payment is due on the 10th day. After that, you must submit the payment and then submit a summary correction for the refund.”
The real question, customs brokers and trade lawyers say, is how CBP will handle entries for the release of cargo over the past 10 days and payment next week.
“It will likely take some time for Customs to restructure its systems to reflect the Court’s decision,” said Michael Lowell, partner and chair of the Reed Smith law firm’s Global Regulatory Practice Group. “So this weekend importers fill out paperwork there with the tariff, and then when Customs updates their system, the importer files a summary correction, removing the tariff (before paying). The goods then arrive this weekend without the tariff.”
Lowell warned that the magnitude of the corrections would slow the process.
“Corrections usually take up to 30 days, within a few weeks,” he said. “However, we may see some delays this weekend given the magnitude of the problem.”
This is just one of the uncertainties weighing on importers. Issues regarding extraditions that have not been decided by the Supreme Court will be decided by the Supreme Court. US Court of International Trade (FENCE).
“With this much money at stake, this is the first time a tariff has been declared unconstitutional,” said CH Robinson Customs Senior Manager Ben Bidwell. “So there are still a lot of questions about whether the ICC will take steps that will open the door for widespread refunds, whether some companies will receive some refunds, or whether refunds are on the table.”
In a customer Q&A about the Supreme Court decision, shipping and fulfillment services giant Kuehne + Nagel urged its customers to prepare all customs documents regularly as the CIT weighs in on refunds.
“The CIT is expected to address any reimbursement mechanisms, but there is no timeline; high volumes of claims could result in delays lasting years,” Kuehne + Nagel wrote. he said.
CIT has not yet responded to CNBC’s request for comment.
