Despite the Supreme Court striking down the tariffs, U.S. Customs systems remain unchanged, forcing importers to keep paying, for now.
U.S. importers continue to pay duties imposed under former President Donald Trump’s “reciprocal” tariff regime, even after the Supreme Court of the United States ruled the measures illegal on Friday.
The delay stems from the fact that U.S. Customs and Border Protection (CBP) has not yet updated its Cargo Systems Messaging Service (CSMS) to remove the tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Until that technical update is completed, importers are still required to declare IEEPA tariff codes to secure cargo release.
In a bulletin issued after the ruling, CBP said it is “working with other government agencies to fully examine the implications” of the decision and promised further guidance for Automated Commercial Environment (ACE) filers. According to CNBC, this remains the latest official communication available to importers.
The impact is significant. An estimated 211,000 containers, carrying goods worth approximately $8.2 billion, arrived at U.S. ports between Friday and Sunday and remain subject to the disputed tariffs, according to trade data from Vizion.
“Customs has not removed the requirement to report the IEEPA tariff codes in order to obtain a release of goods,” said Lori Mullins, Director of Operations at Rogers & Brown Custom Brokers. “Until CBP confirms a system change, those tariffs must still be reported for cargo to keep moving.”
Importers technically have a 10-day window before payment is finalised. Entry summaries can be amended up to nine days after cargo release, with payment due on day ten. After that, companies must pay first and then seek refunds through post-summary corrections.
Trade lawyers caution that the transition will not be seamless. Michael Lowell, Partner and Chair of the Global Regulatory Enforcement Group at Reed Smith, said CBP will need time to reconfigure its systems. The sheer volume of corrections, he added, could stretch processing timelines from weeks to potentially a month or more.
Further uncertainty surrounds refunds. The Supreme Court did not rule on repayment mechanisms, leaving that question to the U.S. Court of International Trade. “This is the first time a tariff has been struck down with this scale of money involved,” said Ben Bidwell, Senior Director for Customs at CH Robinson, noting that outcomes on refunds remain unclear.
In guidance to customers, logistics major Kuehne + Nagel advised importers to ensure all documentation is in order ahead of any court-directed refund process, warning that high claim volumes could result in delays stretching into years.
For now, despite a landmark court ruling, the cost burden remains firmly on importers, pending system updates, regulatory clarity, and further judicial direction.
Source: CNBC
