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US Customs Agency says system for refunding tariffs will be available in 45 days

A customs official stated in a Friday court filing that the U.S. Customs Agency is preparing a system to refund tariffs imposed by President Donald Trump, which were ruled illegal. Brandon Lord, a Customs and Border Protection officer, made the declaration as government lawyers and a federal trade court met to try and hammer out an agreement for the return of $166 billion worth of tariff payments to 330,000 importers. Last month, the Supreme Court ruled that President Donald Trump's tariffs were unconstitutional. The Supreme Court, however, did not specify how tariffs collected should be refunded. This left'small importers' worried that the process would be costly and time-consuming.

Lord stated in his declaration that the new process would require importers to submit minimal information. This was just as the government lawyers were meeting with Judge Richard Eaton of the court. Eaton convened the meeting to discuss the process by which the government would implement its sweeping order, issued on Wednesday. The order directed the CBP that it refund tariffs to hundreds of thousands of potential importers through the existing internal CBP processes.

Eaton stated in his order on Wednesday that he was?appointed by a trade court to hear approximately 2,000 lawsuits brought by importers, including FedEx and L'Oreal, seeking refunds. Trade lawyers claimed that these lawsuits were only the tip of a very large iceberg. They said thousands more would be prepared to sue in the future if the government did not develop an automatic refund system. On Friday, affiliates of Nintendo and CVS were the latest big companies to file for refunds.

IMPORTERS GET A SINGLE PAYMENT Lord stated in a court filing that CBP expected importers file a declaration on the computer system ACE of the CBP detailing tariff payments. This declaration would be validated and then refunds with interest processed. Importers wouldn't have to sue.

The Treasury Department would pay each importer a single amount, no matter how many separate entries they had made.

Lord didn't estimate the time it would take for the refunds to be processed, but he said that the CBP wouldn't be able comply with Eaton’s order as of Wednesday. Eaton envisioned refunds being 'automatically returned to the importers using the existing system, without documentation or input by the importer.

Lord explained that the existing system was not suitable for the task. It would require too much manual work, which would prevent the personnel from completing the mission of the agency.

He said importers paid an estimated $166 Billion in tariffs for more than 53 Million shipments. Eaton's orders would have forced?the agency manually to review all paperwork for every shipment. Lord estimated that this would take more than 4,000,000 hours of labor.

Lord's declaration indicated, however, that only a few importers were signed up to the CBP's electronic refund system. Lord said that out of the more than 330,000 importers, who paid illegal duties, only 21423, signed up for the electronic refunds system which was implemented on February 6.

Eaton oversees a lawsuit filed by Atmus Filtration Inc., which is being used as a tool by the judge to order CBP refunds to all importers. (Reporting from Tom Hals, Wilmington, Delaware. Additional reporting by Luc Cohen and David Lawder in Washington. Editing by Deepa Babyington.)

(source: Reuters)