Tariff rates may or may not come down, and we do not forecast policy. But an individual importer’s duty bill can come down today through legal routes: refunds of IEEPA duties that the Supreme Court struck down, protests against decisions after liquidation, product exclusions, duty drawback on re-exported goods, and correct classification. Each route has deadlines and paperwork, and most need a licensed customs broker. This guide explains them as of October 2026.
Key Takeaways
- We do not forecast tariff cuts, but importers can legally lower or recover some duties now.
- IEEPA duties are refundable through CBP’s CAPE tool, with interest.
- Protests, exclusions, drawback and correct classification each have deadlines.
- Transshipment, false origin and undervaluation are illegal and costly.
Legal Routes to Lower or Recover Duties
| Route | What it does | Key condition or deadline |
|---|---|---|
| IEEPA duty refunds (CBP CAPE) | Refunds IEEPA duties plus interest, after the February 20, 2026 Supreme Court ruling | Filed by the importer of record or its broker in the ACE Portal; phases cover different entry types |
| Protest | Contests a CBP decision on an entry, such as classification or duty | Within 180 days of liquidation |
| Section 301 product exclusions | Removes Section 301 duty for listed Chinese products | 178 exclusions extended through 11:59 p.m. EDT on November 9, 2026; check for any further extension |
| Duty drawback | Refunds most duties paid on goods later exported or destroyed | Strict documentation and filing deadlines |
| Correct classification and binding rulings | Ensures you pay the right rate, not a higher one by mistake | A CBP ruling gives certainty before you ship |
IEEPA Refunds: How the CAPE Process Works
CBP built a tool called CAPE (Consolidated Administration and Processing of Entries) inside its ACE Portal. Phase 1 opened on April 20, 2026 for certain unliquidated entries and entries within 80 days of liquidation; a second phase added entries flagged for reconciliation from June 29, 2026, and CBP says more entry types are being evaluated. Key points from CBP’s guidance:
- Only the importer of record, or the licensed broker that filed the entries, can file a CAPE Declaration.
- Refunds are paid electronically to a bank account registered in the ACE Portal.
- CBP expects valid refunds within about 60 to 90 days of acceptance, with interest.
- Refunds go to importers, not to consumers who paid higher prices.
- Other duties, such as Section 232 and 301, still apply and are netted on the entry.
CBP also warns of scams: it does not charge fees for refunds.
What Does Not Lower Duties
Some “savings” are illegal and expensive. Shipping through a third country without real processing, declaring false origin, splitting shipments to look smaller or undervaluing invoices can lead to penalties, seizure and loss of import privileges. If you discover an error in past entries, a broker or trade attorney can advise on correcting it. Buying from a manufacturer that documents true origin and value protects you; our article on factory vs trading company explains how to check.
Steps for EV Charger Importers
- List entries since February 2025 that carried IEEPA duties and check refund eligibility with your broker.
- Confirm the HTS code for each charger, cable and accessory; our guide to importing EV chargers into the US explains how chargers are classified.
- Check whether any exclusion covers your product, and note its expiry date.
- Keep complete records: invoices, packing lists, origin documents and test reports.
- Decide in your contracts who receives refunds and who carries new duties; see FOB vs DDP.
EVDANCE provides full commercial and origin documentation for every shipment from its own factory, which supports classification, refunds and audits. Brands can start a project through our OEM and private-label program.
Frequently Asked Questions
Can I get back the IEEPA tariffs I paid?
Many importers can, through CBP’s CAPE process, depending on the entry’s status. Ask a licensed customs broker which phase applies to your entries.
Are Section 301 China tariffs refundable?
No. They remain in effect. Only listed product exclusions remove them, for the period the exclusion is valid.
How long do I have to file a protest?
Generally 180 days from liquidation of the entry, according to CBP.
Related Reading
- Pre-Shipment Inspection and AQL Sampling for EV Charger Orders
- Product Liability for Private-Label EV Charger Brands
- NACS Portable EV Charger Sourcing Guide for US Importers
