DOJ Appeals CIT Refund Order; Litigation Ongoing
The Department of Justice has filed notice of its intent to appeal the CIT’s universal injunction and will seek a stay of that injunction, except as it applies to the specific plaintiff importers in each case.
The government’s position is that CBP does not have the authority to reliquidate or issue refunds on IEEPA duties for entries that are already finally liquidated (>90 days), where the importer has not filed its own CIT complaint.
What This Means:
· The matter remains under active litigation and is not final.
· There is currently no change to CBP procedures or requirements.
· CBP continues to process refunds under the first phase of the CAPE system.
Action:
· We will continue standard entry filing, CAPE submissions, and duty payments in accordance with current CBP processes.
We will provide updates as soon as any official guidance or final determinations become available.
For assistance and additional questions, please reach out to Janel Group's Compliance Team or a Janel Group Representative.
Director of Trade Compliance
Senior Compliance Analyst