U.S. Trade Court Certifies Importer Class in Fight Over $30 Billion in Unrefunded Tariffs

The U.S. Court of International Trade certified a nationwide class action on October 8, 2026, covering importers that paid tariffs under the International Emergency Economic Powers Act between February 1, 2025 and February 19, 2026, excluding those who had already sued. The tariffs collected roughly $166 billion; the Supreme Court ruled in February 2026 that Trump exceeded his authority imposing them. CBP has refunded over $100 billion through its CAPE portal, but without a certified class, roughly $30 billion would have stayed with the government, taken from importers who never sued individually. The court set a closed conference for October 13 and an October 22 scheduling deadline.

The certification fills a gap left by the Supreme Court's ruling: courts had so far ordered refunds only for importers who sued individually, leaving thousands of businesses without an automatic path to recovery. DOJ is still appealing a related order requiring CBP to refund "finally liquidated" entries, arguing refunds should be limited to those who sued.

Procedural steps remain before a refund directive covering the full class could issue, and one trade attorney said the ruling "doesn't immediately expand refund eligibility or direct payment." DOJ's appeal of the underlying refund order remains pending.