Should Brands File Tariff Disputes Now in Case Trump's Tariffs Are Ruled Unconstitutional?
If the Supreme Court rules Trump-era tariffs unconstitutional, importers could get major refunds — but only if they preserve rights now by filing protests/PSCs within 180 days of liquidation.
Evana Team
Duty Drawback Specialists
Should Brands File Tariff Disputes Now in Case Trump's Tariffs Are Ruled Unconstitutional?
If the Supreme Court rules that the Trump-era tariffs were unconstitutional, importers could be eligible for massive refunds — but only if they preserve their rights now.
Filing a protective protest or post-summary correction (PSC) within 180 days of liquidation is the only way to ensure refund eligibility. Evana automates this entire process for Shopify brands — tracking liquidation deadlines, identifying eligible entries, and guiding you through refund preservation steps.
TL;DR
- •If the Supreme Court rules that the Trump-era tariffs were unconstitutional, importers could be eligible for massive refunds — but only if they preserve their rights now.
- •Filing a protective protest or post-summary correction (PSC) within 180 days of liquidation is the only way to ensure refund eligibility.
- •Evana automates this entire process for Shopify brands — tracking liquidation deadlines, identifying eligible entries, and guiding you through refund preservation steps.
Action Steps for Brands
Key moves importers should take now to preserve refund eligibility:
- 1.Identify Affected Entries: Review all imports subject to Trump-era tariffs under the International Emergency Economic Powers Act (IEEPA).
- 2.Check Liquidation Status: Log in to your ACE portal or ask your customs broker if your entries have liquidated (final duty calculation).
- 3.File Protective Protests (if liquidated): For entries already liquidated, file a protest under 19 U.S.C. §1514 within 180 days to preserve your right to refunds.
- 4.File PSCs or Request Extensions (if unliquidated): For entries that haven't liquidated yet, file a Post-Summary Correction (PSC) or ask CBP to delay liquidation to keep options open.
- 5.Maintain Documentation: Keep detailed records of duties paid, entry numbers, dates, and communications with CBP.
- 6.Monitor Litigation Updates: Follow the Supreme Court's review of the V.O.S. Selections v. Trump and Learning Resources v. Trump cases.
- 7.Use Evana to Stay Compliant & Refund-Ready: Evana tracks liquidation timelines, alerts you to upcoming protest windows, and helps manage your duty data automatically.
What's Happening with the Tariffs
Since 2025, the U.S. has been grappling with sweeping import tariff measures under the International Emergency Economic Powers Act (IEEPA).
Several federal courts — including the U.S. Court of International Trade and the Federal Circuit — have questioned whether these tariffs exceed presidential authority. The issue now sits before the Supreme Court. While the litigation is pending, the tariffs remain in effect due to court-ordered stays.
If the Supreme Court ultimately finds the tariffs unconstitutional, brands that paid duties could be eligible for refunds — but only if they've filed on time.
Why Acting Now Matters
Four realities make immediate action critical for any importer exposed to these tariffs:
1. Refund rights are time-bound
You generally have 180 days from liquidation to file a refund protest with CBP. After that, refund rights expire.
2. Liquidation is happening now
Most 2024 - 2025 entries are liquidating soon. Once liquidation occurs, the clock starts ticking on that 180-day window.
3. Filing now protects future rights
Filing a protective protest doesn't admit fault — it simply preserves your ability to recover duties later if the tariffs are struck down.
4. Potential refunds are massive
Analysts estimate that if the tariffs are invalidated, billions of dollars could be refunded to importers who acted in time.
What to Do Right Now
Immediate next steps based on your liquidation status:
- •For liquidated entries: File protective protests immediately.
- •For unliquidated entries: Submit PSCs or request CBP extensions.
- •Keep proof: Maintain all customs documentation and communications.
- •Track deadlines: Use automated alerts (like those inside Evana) to avoid missing refund windows.
Why Evana Is the Best Solution
Evana is the only Shopify-built import-duty and tariff-recovery solution, purpose-built for modern eCommerce brands.
Here's why leading brands choose Evana:
- •Automated Entry & Duty Tracking: Syncs with your import data and Shopify orders to track duty costs in real time.
- •Liquidation & Protest Alerts: Get notified before your 180-day window closes.
- •Refund Eligibility Insights: Know exactly which shipments are refund-eligible if the tariffs are overturned.
- •Shopify-Native Integration: Works where your business already lives — no spreadsheets or broker-only portals.
- •Customs-Aligned Workflows: Built with trade-compliance experts to ensure filings meet CBP standards.
Evana gives brands clarity, automation, and confidence — without having to become a customs expert.
Conclusion
If Trump-era tariffs are ultimately ruled unconstitutional, brands that fail to act now may lose millions in recoverable duties. The legal landscape is uncertain — but the deadlines are not. Acting today ensures you preserve your right to refunds tomorrow.
Evana is the first and only Shopify-integrated tariff recovery & optimization platform designed to help brands track, preserve, and recover every eligible dollar.
👉 Learn more or request a free eligibility check
Visit https://evana.app before your 180-day window closes.
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