Government Opposes Class Certification But Gives An Opening To Those That Filed Suit

On June 25, the Government filed its opposition to the plaintiffs’ motion for class certification in V.O.S. Selections Inc. v. Trump. The plaintiffs seek to certify a class of importers with claims to International Emergency Economic Powers Act (“IEEPA”) tariff refunds that cannot be processed through the U.S. Customs and Border Protection’s (“CBP”) Consolidated Administration and Processing of Entries (“CAPE”). The Government raises numerous arguments against certification, and as we previously explained (here), the likelihood of success of the plaintiffs’ motion is deeply uncertain. 
 
Nevertheless, in the Government’s opposition, it stated for the first time that “CBP is prepared to begin refunds by August 2026 for those thousands of importers who have brought actions, should the Court order reliquidation in those cases.” Though this will likely require the Court of International Trade (“CIT”) to enter individual orders in each of the roughly 4,000 refund cases brought to date, it would offer final relief to those that file suit far sooner than the court’s problematic universal orders, which are currently on appeal. See also here.
 
This latest development is further evidence that filing suit at the CIT is the most assured way for importers to secure their rights to refunds.