British SMEs with transatlantic trade links have been warned they face a prolonged and uncertain wait before recovering tariffs wrongly collected by the United States, after Washington confirmed that its long-awaited online refund portal will handle only a fraction of outstanding claims when it goes live next week.
US Customs and Border Protection (CBP) is due to switch on its Consolidated Administration and Processing of Entries system, known as CAPE, on 20 April. The first phase of the portal is expected to cope with roughly 63 per cent of refund requests. The remaining 37 per cent, however, have been left without so much as a provisional timetable, raising fresh concerns for cash-strapped importers that have been out of pocket for the best part of two years.
John Havard, a consultant at audit, tax and business advisory firm Blick Rothenberg, said the scale of the backlog was “extraordinary” and that the uncertainty surrounding the more complex tranche of claims would do little to reassure small and mid-sized businesses that had counted on a swift resolution once the US Supreme Court struck down the tariffs imposed under the International Emergency Economic Powers Act (IEEPA).
“Many of these remaining cases are classed as final tariffs because the goods concerned will have entered the US more than a year before the refund claim is filed,” Havard said. “In such instances the claims procedure is going to be considerably more involved. We are unlikely to hear anything further until government officials next appear before the Court of International Trade to deliver their next mandated progress report.”
The numbers involved are eye-watering. Blick Rothenberg estimates that around 53 million unlawful tariff collection transactions were processed during the period in question, with the total refund bill potentially reaching $166 billion (£132 billion). More than 26,000 importers, collectively responsible for some $120 billion of IEEPA tariffs, have already registered with CBP to receive their money back electronically, following a White House directive requiring all federal payments to be made by electronic transfer.
The rules governing who can actually lodge a claim are tightly drawn. Only the official importer-of-record, or that party’s nominated US customs broker, will be entitled to submit a refund request. Businesses must also hold an active account with CBP’s Automated Commercial Environment before they can receive any money. Havard said there had been “considerable activity” in new account registrations since the Supreme Court’s ruling, suggesting that many firms had been caught flat-footed by the decision.
For those still waiting, there is at least one sliver of good news. In a previous statement to the US trade court, a government official confirmed that interest would be paid on all refunded amounts, offering modest compensation for what is shaping up to be a lengthy delay before cheques actually land.
For British exporters and importers with exposure to the US market, the practical advice is straightforward: ensure ACE registration is in order, confirm which party holds importer-of-record status on historic shipments, and brace for a drawn-out administrative process. The fundamentals of the refund entitlement are no longer in doubt; the mechanics of getting the money back, it seems, very much are.