U.S. tariff refunds need a ‘strategic approach’ rather than a simple cost issue… “Timing of settlement and objection is key”
As the U.S. Supreme Court ruled that reciprocal tariffs based on the International Emergency Economic Powers Act (IEEPA) are illegal, the market is raising the possibility of tariff refunds worth about $166 billion. However, despite the possibility of tariff refunds, domestic export companies are often unable to take practical responses due to complicated procedures and the burden of hiring local experts. In particular, while the U.S. Customs and Border Protection (CBP) is expected to operate the refund system (CAPE) around the 20th of this month, The industry's response goes beyond simple refund applications and extends to objections and lawsuits. Myung Jae-ho, a customs expert at Daeryun Law Firm, explained, "If we check in advance key elements such as identifying the refund entity, managing the settlement point, and designing the refund receipt structure, we can sufficiently increase the possibility of a refund." He also added, "We can respond more efficiently by using a domestic law firm that directly cooperates with a local U.S. law firm without an intermediary law firm." He selected 'confirmation of the claimant' as the factor that needs to be checked first. He explained, "About 6,000 companies, or 25% of the approximately 24,000 companies exporting to the United States, are transacting under DDP conditions in which the exporter bears the cost of customs duties, so there is a possibility that they may be eligible for a refund." He added, "We need to check 'who can claim it' before whether a refund is possible," he explained. Tariffs are paid by the importer of the United States (IOR) in customs clearance. Commissioner Myeong explained that there are many cases where it is written down, and in reality, there are many structures that make it difficult for Korean companies to claim refunds directly. In particular, in DDP transactions, cost burden and legal rights are often separated, so he emphasized that it is necessary to first review how the tariff burden and refund rights are established in the contract. He then explained that it is important to manage the schedule before and after 'tariff settlement (Liquidation)' when proceeding with the refund process. Before tariff settlement (Liquidation) Although corrections can be made relatively easily through a post-summary correction (PSC), it becomes difficult to respond if the protest procedure goes through after settlement. Commissioner Myeong reiterated that 'timing management' is most important because it usually takes about 314 days to settle, and objections must be raised within 180 days. Applying for a refund does not mean 'automatic payment'. The U.S. Customs and Border Protection (CBP) presents each procedure based on the taxpayer's application rather than a lump sum automatic refund, and CBP is only an agency that executes refunds and does not have the authority to judge whether customs duties are illegal. Commissioner Myeong added, "For this reason, only part of the refund may be granted or rejected, and in the event of such a dispute, it is likely to lead to a lawsuit in the U.S. Court of International Trade (CIT)." These include securing an import declaration (entry), confirming the schedule for calculating and settling customs duties, and registering an account to receive a refund. Commissioner Myeong said, “Recently, CBP is considering paying refunds only through electronic transfer (ACH),” and added, “If you do not have a US account, a bypass receipt structure through a third-party agent must be prepared in advance.” Furthermore, the customs structure itself is recently changing to the form of ‘basic tariff + additional tariff.’ He also pointed out that companies should keep this in mind. He said, "In the past, a certain level of tariff was applied regardless of whether FTA was applied, but now, with the shift to the 'basic tariff + additional tariff (10%)' structure, the actual burden varies depending on whether or not the FTA is utilized." He added, "Proof of origin is also an important variable. Even if it is domestically produced, if key raw materials are imported, it may be difficult to recognize the origin." Separately, it is important to note that Article 232 of the Trade Expansion Act and Article 301 of the Trade Act, Tariffs, Dumping, and Countervailing Duties (AD/CVD) remain in place. He said, “There is a possibility of introducing additional tariffs based on Section 122 in the future, so there is a need to reorganize the mid- to long-term tariff strategy separately from whether or not to refund.” Lastly, Commissioner Myeong said, “Tariff refund is not a simple cost issue, but a complex area where contract structure, customs clearance method, and dispute response are all connected.” He added, “In practice, there is a possibility that CBP will increase the intensity of response by requesting submission of additional data through information request (Form 28) or delaying refund review. He pointed out, “For companies that are not prepared, the refund process may be prolonged or lead to unfavorable results,” and “It is important to approach strategically in the early stages, as the results vary greatly depending on preparation.” He also added, “Tariff refund lawsuits must be filed within two years, and in this case, around April 2027 is expected to be the final deadline, so now is the best time to prepare a response, as the rights may not be exercised if preparations are delayed. “It’s a point in time,” he added. Eunhye Lee (zhses3@joseilbo.com)[View full article]
U.S. tariff refunds need a ‘strategic approach’ rather than a simple cost issue… “Timing for settlement and objection is key” (Shortcut)