The Trump administration has launched a digital claims system to refund more than $166bn in tariffs to businesses, months after the Supreme Court ruled the president lacked legal authority to impose them. The system, named Cape, began accepting applications on Monday, handling approximately 63% of affected import filings initially, with the remainder to follow.
In February, Chief Justice John Roberts wrote that the 1977 emergency statute invoked by Trump did not grant such sweeping tariff powers. Two of Trump’s own appointees, Justices Neil Gorsuch and Amy Coney Barrett, joined the majority, while Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented. Customs officials acknowledged they had to build a new processing infrastructure from scratch, including a mechanism to deposit funds directly into importers’ accounts.
More than 3,000 companies have already sued to secure refunds, including Skechers, Revlon, Toyota, Nintendo of America, FedEx and Costco. Only businesses that officially paid the tariffs are eligible to claim, leaving consumers who absorbed costs through higher prices with no direct recourse. FedEx has said it will pass refunds to its customers, and Costco has suggested it might lower prices, though some shoppers are suing the retailer over vague promises.
Businesses can expect refunds within 60 to 90 days of submitting paperwork. However, the first phase only processes entries that are unliquidated or liquidated within the past 80 days; goods tied up in legal disputes or anti-dumping investigations are not yet eligible.
