Which Trump administration tariffs are refundable right now?

As of August 2026, IEEPA tariffs are the only program with refunds actually flowing, through CBP's CAPE process for eligible entries, with finally liquidated entries requiring a Court of International Trade case. Section 122 was ruled unlawful but the refund order is stayed on appeal. The Section 301 forced-labor and Section 338 Canada tariffs are being collected while challenges proceed or are expected. The 2018 China tariffs and Section 232 duties are generally not refundable.

Do tariff refunds happen automatically when a court strikes a tariff down?

No. Across IEEPA and Section 122, courts have limited relief to the importers who filed their own claims, and every refund pathway has required affirmative action such as a CAPE declaration, a protest, or a Court of International Trade case.

Refund Status by Program

Trump Administration Tariffs: Which Can You Get Refunded?

Courts have struck down some of these tariffs, upheld others, and put several rulings on hold during appeals. This table tracks where refunds stand for each program. Section 301 appears more than once because the statute has been used for separate actions, from the 2018 China lists to the 2026 forced-labor tariffs, and each one stands or falls on its own. Updated August 27, 2026.

IEEPA tariffs (reciprocal, fentanyl, and related)

Struck down by the Supreme Court, Feb 20, 2026

Refunds flowing for CAPE-eligible entries. Finally liquidated entries are excluded from CAPE and require your own Court of International Trade case.

Section 122 (10% global surcharge, Feb 24 to Jul 24, 2026)

Ruled unlawful May 7, 2026; order stayed; appeal pending

No refunds are being paid to anyone while the hold is in place. A protest can preserve the option, though whether it reaches these duties is disputed. A Court of International Trade filing is the stronger preservation step.

Section 301 forced-labor tariffs (10%/12.5%, ~60 economies, since Jul 24, 2026)

Three CIT challenges; hearing September 30, 2026

Collection continues. No refund path today. Document entries and watch the September hearing.

Section 338 Canada tariffs (50% on vehicles, alcohol, dairy, since Aug 22, 2026)

First-ever use of the statute; court challenge widely expected

No refund path today. Scholars argue the action exceeds the statute. Preserve records now.

Section 232 tariffs (steel, aluminum, copper, autos, and other sectors)

Courts have repeatedly upheld Section 232

Generally no refund path. One pending CIT case challenges how CBP values derivative products, which matters for importers of fabricated metal goods.

China Section 301 tariffs (2018 Lists 1 through 4A)

Upheld; Supreme Court declined review June 15, 2026

No refund. The litigation is over. IEEPA-era duties on Chinese goods are a separate, refundable matter.

De minimis suspension (low-value shipments)

Suspension upheld by the CIT, Aug 13, 2026

The suspension itself is not refundable, but IEEPA-rate duties paid on low-value shipments before Feb 20, 2026 may be refundable like any other IEEPA duties.

Brazil Section 301 (25%, since Jul 22, 2026) and the quartz Section 201 safeguard (since Aug 15, 2026)

In effect, no challenge filed

No refund path today and no litigation yet. If either is challenged, the same preservation playbook applies.

On the horizon: Section 301 excess-capacity tariffs (investigation covering 16 economies) and Section 301 maritime fees (suspended through Nov 9, 2026)

Watchlist

Counsel expect final excess-capacity tariffs toward the end of 2026. Each new program starts its own clock.

Not sure which of these tariffs you paid? We pull your ACE data, map every entry to its tariff program and refund posture, and walk through the options with an attorney. Contingency basis, no upfront fees.

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Statuses reflect court rulings and agency actions as of the date above. This page is general information, not legal advice.