The new system for requesting refunds of fees imposed by former president Donald Trump comes into force this Monday (20) at Estados Unidos. The estimate is that returns to American businesspeople will reach up to US$166 billion, equivalent to R$824.9 billion, marking a crucial phase for the country’s economy. The measure comes after a long legal dispute and represents significant financial relief for thousands of importers around the world.
The restitution process, called CAPE by Alfândega and Proteção by Fronteiras of the USA (CBP), had its initial development phase completed, as announced in a court case last Tuesday (14). Este mechanism was created to consolidate refunds more efficiently. Ele will allow importers to receive a single electronic payment. Juros will be applied when applicable, eliminating the need for separate payments for each individual import previously carried out.
Legal Contexto and refund volume
The implementation of the CAPE system is a direct consequence of a decision by Suprema Corte of Estados Unidos that reversed previous policies. In February, the court struck down Trump’s tariffs, finding that the president exceeded his authority by imposing the fees based on a law aimed at national emergencies. Esse verdict paved the way for the creation of a refund portal, a victory for importers who argued about the illegality of the charges.
Até April 9, a significant number of importers had already come forward. Cerca of 56,497 companies had completed the necessary steps to receive electronic refunds, according to official data. The total amount eligible for refund already registered by these importers reached US$127 billion, equivalent to R$631.1 billion. Esse amount represents approximately 76% of the estimated total of US$166 billion that is available for return to impacted companies.
Mais of 330,000 importers were affected by the tariffs in question, totaling a staggering 53 million product shipments, according to data compiled from court records. The launch of the refund system is, therefore, another chapter in a protracted legal and economic battle. Ela orbits around the trade policies adopted last year, which aimed to restructure US trade relations with almost every country in the world, generating significant impacts.
Preocupações of importers with the new system
Apesar expects refunds, the new system generates apprehension among importers. Jay Foreman, chief executive of toy manufacturer Basic Fun, which sells brands such as Tonka and Ursinhos Carinhosos, shared his concerns with the agency Reuters last Friday (17). Ele stated that it is prepared for the launch of the platform. However, he warned that he and other importers recognize many potential risks in the process of returning amounts owed.
“You have to worry about what they might do to disrupt things,” declared Foreman, reflecting the feeling of uncertainty that permeates the sector. The main source of anxiety is the stability of the system in the initial phase. Milhares of companies must try to send their orders at the same time, increasing the risk of overload or failure of the customs portal, which could delay payments.
Matt Field, chief financial officer of heavy truck manufacturer Oshkosh, is among more than 330,000 importers who paid Trump’s tariffs. Ele did not disclose the exact amount paid in fees. However, Field stated that the impact was significant for the company on its financial operations. “I’m chief financial officer, so I chase every dollar,” he said, highlighting the importance of recovering these funds for the company’s financial health in a complex economic scenario.
Field declared himself ready to request a refund as soon as the portal is opened for public access. Contudo, he considers the possibility of waiting a little longer before submitting the documentation. Sua strategy is to wait until the “system settles” and demonstrates operational stability and reliability. Vários importers, interviewed by Reuters, expressed concern about the new system’s ability to handle the huge volume of simultaneous accesses.
Obstáculos in registration and bureaucracy
The initial experience of some users reveals practical challenges in the CAPE system registration process. Jason Cheung, chief executive of Huntar Co., a US-based toy manufacturer with production at China, pointed out logistical flaws that make the process difficult. Ele noted, for example, that registration requires the insertion of bank details, despite the federal government already having this information for previous customs payments, creating redundancy.
Além Furthermore, accuracy in filling out the data is crucial for the registration to be accepted. Company names need to be entered exactly as they appear in official records to be accepted by the system, which has caused problems for some. “It took me five attempts to complete the registration because of small differences, such as ‘company’ or ‘co’,” said Cheung, exemplifying the rigidity of the system. Mesmo with this initial difficulty, he stated that he was used to filling out complex forms. Therefore, you have “no worries” about getting a refund for your company.
- Dificuldade registration due to small differences in the names of registered companies.
- Exigência for inserting bank details already held by the government for other procedures.
- Risco portal crash due to simultaneous access from thousands of importers.
- Incerteza on US Alfândega’s ability to process large volume of orders efficiently.
- Potencial from government resources that could further delay refund payments.
- Indefinição on the transfer of refunds to end customers or consumers who bore the costs.
Rick Woldenberg, chief executive of educational toy maker Learning Resources, shares cautious optimism. Sua company was one of the main authors of the lawsuit that resulted in the end of the tariffs. “Of course there are difficulties, but I’m pleased to see the government do the right thing,” said Woldenberg, whose company is seeking more than $10 million in refunds, a significant amount for its operations and the industry as a whole.
International Alcance and questions about transfers
Refund eligibility extends beyond U.S. borders, impacting global trade. Qualquer company that has paid the fees imposed by Trump can request a refund, regardless of its headquarters, which expands the scope of the measure. The German fan manufacturer ebm-papst, for example, informed Reuters that it is already registered on the portal to collect its due amounts. A spokesperson for the Mulfingen-based company, at Alemanha, is waiting to see as the system “is a new feature created by US-based Alfândega, it remains to be seen how well it will handle the bulk processing of refund requests.”
Outra latent concern among importers concerns the final destination of these amounts received. Austin Ramirez, CEO of Husco International, a hydraulic components manufacturer, summed up the dilemma facing companies: “The real complexity here is how to deal with my customers, assuming we can recover the fees.” Ele raises the crucial question: “The question is what do we do with it, keep it or pass it on to them?”, indicating a lack of clarity in the guidance.
The decision on whether or not to pass on money to customers is a unique situation for each company, Ramirez noted, depending on their policies and business relationships. The discussion about who should receive refunds has become a politically sensitive topic in Estados Unidos. Consumidores Americans faced a year of higher prices due to tariffs. The return system was designed to reimburse the official importer, not the end consumers who actually bore the increased costs in their daily purchases.
Government Posição and next steps
At a budget hearing on Congresso last Thursday (16), the US trade representative, Jamieson Greer, was questioned about the issue. Greer, one of the main architects of the tariffs brought down by Suprema Corte and the new rates that the government is trying to implement, was asked about the existence of any direct reimbursement plan for families, who were directly impacted.
Ele responded that attorneys general from Democratic-run states, which filed one of the lawsuits Suprema Corte analyzed, “asked for the money to be returned to the companies.” “They asked for this and they are receiving what they asked for,” said Greer, indicating that the responsibility for deciding on the final transfer lies with the companies themselves, and not with the federal government. Empresas who are preparing their applications also said they fear a possible last-minute maneuver by the administration. The Trump government could use this tactic to further delay the payments process.
US Alfândega has a deadline of early May to appeal Tribunal’s decision to Comércio Internacional. Essa was the decision that determined the creation of the fare refund portal, which could change the current scenario. Legal uncertainty adds an extra layer of complexity and anxiety for importers. The possibility of an appeal could ultimately lengthen the wait for these long-awaited refund amounts even further.