Government fights trade judge’s order for tariff refunds to all importers
- Government lawyers argue that a Court of International Trade judge exceeded his authority by ordering refunds for all companies that paid illegal tariffs.
- The government filed an appeal with the U.S. Court of Appeals for the Federal Circuit against the judge's ruling.
- The judge overseeing the tariff lawsuits believes that limits on universal injunctions do not apply in this case, but the government disagrees.
- Most tariff refunds have already been processed, with $100 billion certified by Customs and Border Protection.
- Companies that paid tariffs can file lawsuits for refunds if the administrative process is no longer available.
Government lawyers have stated that a judge from the Court of International Trade overstepped his authority by mandating refunds for all companies that paid tariffs deemed illegal. This includes companies that did not file lawsuits in trade court. The government has appealed this decision to the U.S. Court of Appeals for the Federal Circuit, asserting that the judge's ruling conflicts with a Supreme Court case regarding universal injunctions.
The judge, Richard Eaton, overseeing the tariff lawsuits, maintains that the limitations on universal injunctions do not apply in this situation, while the government argues otherwise. They contend that requiring refunds for all importers contradicts legal precedents that restrict such broad injunctions.
Most of the refunds have already been processed, with Customs and Border Protection certifying $100 billion in refunds. However, companies that paid tariffs and finalized their customs entries are limited in their ability to reclaim those funds unless they file lawsuits, as the administrative refund process is no longer available for them.
政府对贸易法官要求向所有进口商退还关税的命令提出抗辩
政府律师表示，国际贸易法庭的一位法官因要求向所有支付被认定为非法关税的公司退还款项而超越了其权力。这包括未在贸易法庭提起诉讼的公司。政府已向美国联邦巡回上诉法院对这一裁决提出上诉，声称法官的裁决与涉及普遍禁令的最高法院案例相冲突。
负责关税诉讼的法官理查德·伊顿认为，普遍禁令的限制不适用于此案，而政府则对此表示异议。他们主张，要求向所有进口商退款与限制此类广泛禁令的法律先例相矛盾。
大部分退款已经处理，海关和边境保护局已认证1000亿美元的退款。然而，支付关税并完成海关申报的公司在重新索回这些资金的能力上受到限制，因为对他们而言，行政退款程序已不再可用。