News June 10, 2026

Judge Urges Trump Administration To Back Off Tariff Refund Appeal, Speed Up Process

The directive came after a hearing Tuesday at the Court of International Trade.

By  Tara Lerman

Key Takeaways

• A judge urged the Trump administration to drop its appeal of a ruling mandating broad tariff refunds.

• The dispute centers on whether courts can order nationwide refunds – including for companies that didn’t sue – after tariffs imposed under the International Emergency Economic Powers Act were struck down.

• Refund processing is already underway through Customs and Border Protection’s Consolidated Administration and Processing of Entries system, but the court says delays and a phased rollout have created uncertainty.

A judge is urging the Trump administration to back off its motion to appeal the tariff refund process.

The order came at a Court of International Trade hearing on Tuesday, where Judge Richard Eaton heard arguments about whether he (or any judge) has authority to order nationwide tariff refunds, even to importers who didn’t sue in trade court. It’s an action he took in March when he ruled that “all importers of record” stand to benefit from the Supreme Court ruling that struck down the tariffs President Trump imposed under the International Emergency Economic Powers Act (IEEPA). The court hearing comes roughly a week after the Department of Justice formally appealed Eaton’s order to U.S. Customs and Border Protection (CBP) to refund the $166 billion in payments the government owes importers of record who paid the now defunct IEEPA tariffs.

“My appeal to you is to withdraw your appeal,” Eaton told government lawyers at the hearing. “You win nothing if the Court of Appeals says my order is unlawful.”

U.S. CBP has already accepted nearly $100 billion in potential and certified refunds for processing since it launched the Consolidated Administration and Processing of Entries (CAPE) in April, according to an estimate from CBP Executive Assistant Commissioner Susan Thomas. The question on the docket refers to tariff payments the government says aren’t yet final, and therefore cannot be reclaimed without a court order.

By the Numbers: Tariff Repayments
$100 billion
The number of potential and certified refunds accepted for processing thus far
$10 billion to $11.4 billion
The amount in tariff refunds that haven’t yet been paid out specifically due to the Trump administration’s court appeal

Billions of dollars are stuck in limbo because of the dispute, with estimates ranging somewhere between $10 billion and $11.4 billion. The appeal is focused specifically on phase three of the refund process, with phase one ending and $29 billion eligible for repayment in phase two. The second phase of the process is expected to begin in the third or fourth quarter of 2026, though the exact timing is yet to be confirmed.

If you’re looking for guidance to help you submit a tariff refund claim on the CAPE portal, check out Counselor’s how-to guide here.

While Judge Eaton urged Trump administration officials to speed up the refunds, he didn’t issue a strict order demanding they do so, per reporting from Reuters. He also noted that the delay in processing has led to a “growing inequity” between large importers who have hired customs brokers to help them through the process and small ones who may not be able to afford such a service.