(PRESS RELEASE) On March 4, 2026, Judge Eaton of the U.S. Court of International Trade (CIT) issued an order in Filtration, Inc. v. U.S., 26-1259 ordering that Customs and Border Protection (CBP) “liquidate those [unliquidated entries] without regard to the IEEPA duties. And liquidated entries for which liquidation is not final shall be liquidated without regard to IEEPA” duties.
In other words, for those entries where liquidation is not final, the CIT ordered CBP to refund the IEEPA duties. This decision rests on Judge Eaton’s belief that the unique, national jurisdiction of the CIT allows him to issue a universal injunction against CBP, notwithstanding SCOTUS’s decision in Trump v. CASA, Inc, where the high court held that “universal injunctions are impermissible.”
What This Means for Members
Appeal is likely for this decision, meaning it is more important than ever that you discuss with legal counsel or other trade advisors the steps you need to take to ensure that your interest in trade refunds is protected.
If you have any questions about this alert, please contact Rick Van Arnam, The Vision Council’s Regulatory Affairs Counsel, at [email protected], or Omar Elkhatib, The Vision Council’s Director of Government Relations, at [email protected].
