* New system for filing import refund claims goes live
Monday
* Many worry system could crash or encounter other
glitches
* Question remains whether consumers will see any part of
the tariff payback
By Timothy Aeppel, Nicholas P. Brown and Christoph Steitz
April 17 (Reuters) - Jay Foreman said he's "locked and
loaded" for the U.S. government's launch on Monday of a new
system to refund up to $166 billion in illegally collected
tariffs, but he and many other importers are realistic that much
could still go wrong.
"You have to be worried about what they could possibly do to
jam things up," said the CEO of toymaker Basic Fun, which sells
Tonka trucks, Care Bears and K'Nex construction toys.
The refund system is the latest twist in a drawn-out battle
over tariffs collected over the past year as part of President
Donald Trump's effort to restructure U.S. trade relations with
almost every nation on earth. The constantly shifting tariffs
roiled global business as companies rushed to shift supply
chains to avoid them as well as figure out who would ultimately
pay the taxes.
The U.S. Supreme Court in February struck down the tariffs
President Trump pursued under a law meant for use in national
emergencies, handing the Republican president a stinging defeat.
In a court filing on Tuesday, U.S. Customs and Border Protection
said it had completed development of the initial phase of the
refund system, known as CAPE. The system will consolidate
refunds so importers will get one electronic payment, with
interest when applicable, rather than processing refunds on an
entry-by-entry basis. Critics of Trump's tariffs had pushed for
a streamlined process.
Customs officials said as of April 9, some 56,497 importers
had completed the steps necessary to receive electronic refunds,
an amount totaling $127 billion, or more than three-quarters of
the total eligible to be refunded. More than 330,000 importers
paid the tariffs at issue on 53 million shipments of imported
goods, according to court filings.
Matt Field, CFO of heavy truck maker Oshkosh, is one of
them. The Wisconsin-based manufacturer doesn't disclose how much
it paid in emergency tariffs, but Field said it's an "impactful"
amount. "I'm a CFO, so I do chase every dollar," he said.
Field said he's prepared to file for a refund as soon as the
customs portal opens but may wait for the "system to settle."
Multiple importers reached by Reuters said they are
concerned about the durability of the new filing system, at
least in the opening phase as thousands rush to upload their
claims.
"It's not like Taylor Swift tickets going on sale," said
Basic Fun CEO Foreman, who is seeking $7 million in refunds, but
with so many companies looking for a refund at the same time,
there's "no telling if it crashes the portal."
'THERE ARE WRINKLES'
There are plenty of potential logistics glitches. Jason
Cheung, CEO of Huntar Co., a U.S.-based toymaker with a factory
in China, said, "It'll be nice to get that money back," but
added, "it looks like the government is trying to make it
difficult."
Cheung noted that registration requires entering bank
account information even though the government already has it
for customs payments. And company names must be exact. "It took
me five tries before we could get registered due to minor
differences like 'company' versus 'co,'" Cheung said.
Still, he said, "we are very used to filling out forms" and
have "no concerns" about ultimately getting a successful refund.
That sentiment was echoed by Rick Woldenberg, CEO of
educational toy maker Learning Resources, one of the key
plaintiffs in the court case that led to the tariffs' undoing.
"There are wrinkles, of course, but I am pleased to see the
government do the right thing," said Woldenberg, whose company
is seeking more than $10 million.
Refunds can be claimed by any company that is the legal entity
that paid the taxes, so the issue reaches beyond U.S. borders.
German fan manufacturer ebm-papst told Reuters it was already
registered on the portal.
But as the system "is a new functionality created by U.S.
Customs, it remains to be seen how well the system will actually
handle the bulk processing of refund claims," a spokesperson for
the Mulfingen, Germany-based company said.
Companies prepping claims also said they worry about a
last-minute legal move by the Trump administration that could
also slow the process. Customs has until early May to appeal the
Court of International Trade's order requiring they create the
tariff refund portal.
Meanwhile, the refund process opens a different challenge
for many importers. "The real complexity here is how to deal
with my customers, assuming we get the tariffs back," said
Austin Ramirez, CEO of Husco International in Waukesha,
Wisconsin, a producer of hydraulic components used in automotive
and off-road equipment like bulldozers.
"The question is what we do with it, do we keep it, pass it
on to them?" It's a unique situation with each customer, he
noted.
Just who gets the refunds has become a political issue after
U.S. consumers endured a year of tariff-elevated prices. The
system is set up to refund the importer of record, not ultimate
end users who paid higher goods prices as a result.
At a congressional budget hearing on Thursday, U.S. Trade
Representative Jamieson Greer - a key architect of the tariffs
struck down by the high court and of the new import levies the
administration is scrambling to install in their place - was
asked if the administration had any plans for refunds for
households.
The attorneys general for the Democratic-led states who
filed one of the lawsuits decided by the Supreme Court "asked
for the money to go back to the companies," Greer said. "The
Democrat attorneys general asked for this and they're getting
what they asked for."