In early June 2026, the government appealed to the U.S. Court of Appeals for the Federal Circuit from orders of the Court of International Trade that extended refunds, including on finally liquidated entries, to importers that had not sued.
- The orders appealed include those in the Atmus Filtration, Euro-Notions, V.O.S. Selections, AGS, and Grant & Bowman cases.
- Foley & Lardner described the government's argument as treating relief for non-parties as an improper universal injunction, citing the Supreme Court's decision in Trump v. CASA.
- Law firms reported about $30 billion in finally liquidated entries at stake.
- As of September 11, 2026, the appeal was pending.
Sources differ on whether the notices were filed June 2 or June 3; there may have been more than one.
What this means for importers
The appeal matters most to importers with finally liquidated entries that have not filed their own case. It does not affect refunds already moving through CAPE Phases 1 and 2.
General information, not legal or customs advice. Facts last reviewed September 24, 2026. Confirm dates and options for your entries with a licensed professional.
Sources
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General information, not legal advice. Tariff refund rules and court rulings are changing. Deadlines depend on your own entries. Confirm your options with a licensed customs broker or attorney. TariffClarity is not a law firm or customs broker.