The Court of International Trade’s IEEPA tariff refund litigation reaches three important milestones this week: a CBP progress report, a settlement conference, and a class certification hearing. Together, these developments could affect refund timing, litigation strategy, and the potential availability of refunds for importers that did not file their own lawsuits.
August 4, 2026: CBP Progress Report
CBP must file its next progress report on the Consolidated Administration and Processing of Entries (CAPE) refund program, providing updated figures on accepted claims and refund disbursements.
August 5, 2026: Settlement Conference
A closed settlement conference is scheduled in the consolidated litigation.
August 6, 2026: Class Certification Hearing
The Court of International Trade will hear arguments on class certification in Freestyle World, Inc. v. United States, the lead case for approximately 3,700 consolidated IEEPA refund actions.
Why It Matters
CBP’s most recent filing reported that approximately $121.75 billion in potential and certified refunds have been accepted into the CAPE refund process, with about $86.3 billion already sent to Treasury for disbursement. The August 4 report should provide updated figures and give importers a clearer picture of how quickly claims are moving from “accepted” to “paid.”
The class certification question is the bigger long-term issue. Court of International Trade orders to date have directed relief only for importers that filed their own protective actions at the Court of International Trade, not for the broader universe of importers that paid IEEPA duties but never sued. If the court certifies a class in Freestyle World, it could determine whether importers that did not file their own lawsuits still have a path to refunds, or whether filing a Court of International Trade action remains the only avenue for recovery.
Separately, the government continues its appeal before the U.S. Court of Appeals for the Federal Circuit, challenging whether CBP has authority to reliquidate finally liquidated entries without an individual lawsuit. That appeal is proceeding independently of the Court of International Trade litigation, meaning uncertainty could remain even if class certification is granted.
What Importers Should Do
- Watch the August 6 class certification hearing for insight into whether importers that did not file their own lawsuits may eventually have a path to refunds. The court’s decision is expected after the hearing.
- Importers with pending CAPE declarations should watch the August 4 report for updated processing and disbursement totals.
- Continue monitoring the Federal Circuit appeal, which runs on a separate track from the Court of International Trade proceedings and could affect refund eligibility regardless of the outcome of the class certification issue.
While none of these events will immediately resolve the litigation, together they should provide importers with a clearer picture of refund progress and the direction of the remaining legal challenges.
ASK Alba™
Have questions about how this affects your import program? Contact Alba to speak with our trade compliance team.
References
U.S. Court of International Trade order (Freestyle World, Inc. v. United States, Court No. 26-01088): https://www.cit.uscourts.gov/
CBP CAPE program information (ACE): https://www.cbp.gov/trade/automated
U.S. Court of Appeals for the Federal Circuit: https://cafc.uscourts.gov/
