Frustration Grows: Importers Continue to Suffer Under Trump’s Tariffs Post-Supreme Court Ruling
Despite a recent Supreme Court ruling deeming President Donald Trump’s “reciprocal” tariffs illegal, U.S. importers continue to face duties on goods entering the country. As of now, U.S. Customs and Border Protection (CBP) has not updated its Cargo System Management Service (CSMS) to remove the tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The agency is required to post any changes related to tariffs and trade information on its Cargo Systems Messaging Service.
Following the Supreme Court’s decision, CBP released a bulletin stating it is collaborating with other government entities to assess the implications of the ruling. “CBP will provide additional information and technical guidance for Automated Commercial Environment (ACE) filers as soon as it becomes available,” the bulletin noted. However, CBP confirmed to CNBC that no further updates for importers were available at this time.
The Automated Commercial Environment is a digital system utilized for processing imports and exports. In March, an executive order from Trump tasked CBP with modernizing its payment processes. Lori Mullins, Director of Operations at Rogers & Brown Custom Brokers, explained, “Customs has not removed the requirement to report the IEEPA tariff codes for the release of goods. Therefore, for cargo to keep moving, the USDA tariffs are still being reported on entries.” She indicated that importers are still waiting for a CSMS message confirming changes to accept entries without tariffs, a modification that has yet to take effect.
Over the weekend alone, an estimated 211,000 containers valued at approximately $8.2 billion arrived at U.S. ports, according to data from Vizion’s Tradeview platform. Importers typically have a 10-day window to pay tariffs, which means no funds are actually transferred until the tenth day. This allows for entry summaries to be amended up to nine days post-release, before payment is due on day ten. If a tariff needs to be removed, a post-summary correction must be filed after payment.
Customs brokers and trade attorneys are concerned about how CBP will manage entries for cargo released in the last ten days, with payments expected next week. Michael Lowell, partner and chair of the Global Regulatory Enforcement Group at Reed Smith, noted that it might take time for Customs to adjust its system. “This weekend, importers will file paperwork with the tariff included, and later, once Customs updates their system, they will submit a post-summary correction to remove it,” he explained. However, the scale of corrections could lead to significant delays, potentially extending the process from a couple of weeks to as long as 30 days.
This situation adds a layer of uncertainty for importers, particularly regarding refunds-a matter the Supreme Court did not address. Questions about whether the U.S. Court of International Trade (CIT) will permit widespread refunds remain unanswered. “This is the first time a tariff has been declared unconstitutional with this amount of money at stake,” said Ben Bidwell, senior director for Customs at CH Robinson. He emphasized the uncertainty surrounding the potential for refunds and the CIT’s approach.
In a customer Q&A, Kuehne + Nagel advised clients to ensure all customs documentation is in order as the CIT prepares to address refund mechanisms. The firm cautioned that without established timelines, high volumes of claims could result in years-long delays. As the situation evolves, the import and customs landscape remains fraught with unpredictability.
Original Source: https://www.cnbc.com/2026/02/22/trump-tariffs-ieepa-supreme-court.html
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Publish Date: 2026-02-23 04:08:00
