Government fights trade judge’s order for tariff refunds to all importers
- Government lawyers argue that a Court of International Trade judge overstepped his authority by ordering refunds to all companies that paid illegal tariffs.
- The government filed an appeal with the U.S. Court of Appeals for the Federal Circuit regarding this order.
- The judge overseeing the tariff lawsuits believes the limits on universal injunctions do not apply in this case, while the government disagrees.
- Most tariff refunds have already been processed, with $100 billion in refunds certified by Customs and Border Protection.
- Companies that paid tariffs can file lawsuits to recover funds if the administrative refund process is no longer available.
Government lawyers have challenged a ruling by a Court of International Trade judge that ordered U.S. Customs and Border Protection to issue refunds to all companies that paid tariffs deemed illegal. They argue that the judge overstepped his authority by applying a universal injunction to all affected parties, including those who did not file lawsuits.
The government filed an appeal with the U.S. Court of Appeals for the Federal Circuit in June, and its opening brief was submitted on Monday. The brief references a Supreme Court case that limited the application of universal injunctions, which the government believes should also apply in this situation.
Most of the refunds have already been processed, with Customs and Border Protection certifying approximately $100 billion in refunds. The government stated that companies that paid tariffs can still pursue legal action to recover funds if the administrative refund process is no longer available.
政府对贸易法官要求向所有进口商退款的命令提出抗辩
政府律师对国际贸易法庭法官的裁决提出了挑战，该裁决要求美国海关和边境保护局向所有支付被认定为非法关税的公司发放退款。他们认为，法官通过对所有受影响方（包括未提起诉讼的公司）适用普遍禁令，超越了权限。
政府在6月向美国联邦巡回上诉法院提出上诉，并于周一提交了开案简报。该简报提到了限制普遍禁令适用的最高法院案件，政府认为这一限制也应适用于此情况。
大多数退款已被处理，海关和边境保护局已认证约1000亿美元的退款。政府表示，支付关税的公司如果行政退款程序不再可用，仍可以追求法律行动以追回资金。