03
Jun
Key Points
The DOJ has appealed Judge Richard K. Eaton’s universal refund order requiring CBP to return about $166 billion in IEEPA duties.
The government’s three-category framework for IEEPA refunds distinguishes unliquidated entries, finally liquidated entries with CIT suits, and finally liquidated entries without suits, with the last category driving the appeal.
Judge Eaton denied the government’s attempt to substitute lower-ranking officials for CBP Commissioner Rodney S. Scott, ordering Scott to testify despite the government’s “apex doctrine” arguments.
The...