06
Jul
Key Points
Plaintiffs in V.O.S. Selections, Inc. v. Trump moved to certify a mandatory class under Rule 23(b)(2) covering all importers whose IEEPA tariff refund claims remain ineligible for processing through the government’s CAPE program.
The U.S. Supreme Court held in Learning Resources, Inc. v. Trump that IEEPA does not authorize the president to impose tariffs, requiring the government to process and pay refunds with interest on all affected entries.
The government has limited CAPE to entries liquidated within the preceding 90 days,...