Trade Group Warns Importers That IEEPA Tariff Ruling Does Not Guarantee Refunds

The Wine & Spirits Shippers Association told importers this week that a recent court ruling on tariffs imposed under the International Emergency Economic Powers Act does not mean refunds are on the way.

In a trade and logistics update released Friday, the association said Judge Eaton of the U.S. Court of International Trade certified a mandatory class on October 8 that covers all importers who paid IEEPA tariffs between February 1, 2025, and February 19, 2026. But the group said the ruling dealt only with class certification. It did not order the government to return money, and it did not guarantee that companies that never filed their own lawsuits will be reimbursed.

That distinction matters for companies that have been carrying those tariff costs on their books for months. Importers of wine, spirits, and other beverages often pay duties well before product is sold, and many plan inventory, financing, and pricing around whether those payments might eventually be recovered. If refunds are delayed or never materialize, the effect can reach cash flow, margins, and ordering decisions, especially for smaller importers.

The association said an appeal by the federal government is widely expected, though it had not been confirmed as of the update. Under the timetable described by the group, any appeal must be filed within 45 days of the October 8 ruling. Importers that already brought their own cases can continue to file and track refund claims in the CAPE portal, the association said. For companies that did not sue, the advice was more cautious: keep records of entries that include IEEPA payments and that have reached “finally liquidated” status under customs rules, because the class ruling by itself does not secure repayment.

The refund warning came as U.S. Customs and Border Protection added a new step for companies that expect to receive money back from the government. Since October 10, any change to ACH refund information in an importer’s ACE Portal sub-account requires a verification token sent by email or, if the user has opted in, by text message. CBP also allows other authorized users on the account to sign up for alerts. The change is administrative, but it is likely to matter for importers that may need to update banking details quickly if refunds are ever approved.

The same WSSA update laid out a wider trade backdrop that could affect beverage importers in the coming months. One of the most significant developments involves Spain. The U.S. Federal Maritime Commission has found that Spain created unfavorable shipping conditions by denying U.S.-flagged vessels access to its ports. In response, the agency has proposed a $200,000 fee per voyage on Spanish-flagged vessels and possible import restrictions on five categories of Spanish goods: perfumery and cosmetics, oils and fats, ceramics, articles of stone, and sugar and confectionery.

For food and beverage importers, the most immediate exposure appears to be olive oil. The association noted that the “oils and fats” category covers all of tariff schedule Chapter 15, including olive oil. Wine and spirits are not included in the listed categories at this point. Still, the FMC move is unusual in scope and signals a more aggressive use of maritime trade powers than many importers are used to seeing. Laura DiBella, the current chair of the commission, described the action at a Virginia Maritime Association conference in Norfolk as “big,” “new,” and “a game changer,” according to the association’s account. Public comments are due 60 days after the October 15 publication in the Federal Register, which places the deadline at about December 14, and Spain is to be given a hearing.

Trade friction with Canada also remains in place. The association said Section 338 measures are still active, including 50% duties and import bans on packaged U.S. alcohol that took effect September 29. Bulk spirits remain exempt from both the ban and the tariff, while bulk wine can still enter Canada but faces the 50% duty. No new round of negotiations has been scheduled, the group said, and it had not seen any legal challenge to those tariffs. For U.S. alcohol suppliers that depend on the Canadian market, that means the rules now in force remain the working assumption.

Other tariff disputes are moving more slowly. The Section 301 excess-capacity investigation covering 16 economies, including the European Union, is still pending, with no additional tariffs announced. In a separate forced-labor Section 301 case before the Court of International Trade, an additional briefing was due Friday. The association said it was not optimistic that Section 301 tariffs would be refunded because the government followed the formal process required to impose them. It also said the Section 122 appeal remains before the U.S. Court of Appeals for the Federal Circuit, where a hearing could come in January.

The group’s update also pointed to continuing uncertainty in U.S.-EU trade. The promised relief on tariffs affecting Irish whiskey still has not appeared in a Federal Register notice, the association said, which means importers must keep paying the duty for now. It added that when tariffs on Scotch were lifted, the formal notice took about 12 weeks to follow the initial announcement, suggesting Irish whiskey importers should not expect immediate relief. That timing issue matters for beverage companies because duty payments can tie up working capital long after a policy shift has been announced in public.

Outside the courtroom and the tariff system, shipping disruptions continue to threaten delivery schedules and transportation costs. In Ireland, a second public-sector strike is set for October 21 after an October 14 walkout shut Revenue offices. The union Fórsa has warned of possible action through the winter, raising the chance of more customs delays for goods moving through Ireland. In France, an IT incident shut the Terminal de Normandie in Le Havre, and the association, citing an MSC advisory, said there was no restart date. Cargo moving through Le Havre, especially on MSC services, could face delays, and containers already at the terminal may remain there until operations resume.

In inland Europe, low water on the Rhine continues to restrict barge capacity. The Kaub gauge was around 10 centimeters on October 15, far below the 77-centimeter level at which barges can operate at reasonable loads, according to the association. That has kept low-water surcharges in place and slowed cargo moving to and from inland destinations. Near Rotterdam, roadwork on the A15 that began Friday night is expected to run through October 26 and could add 30 to 60 minutes to truck trips serving the port. Yard use also remains high at major German ports, with Bremerhaven around 90% and Hamburg at 80% to 85%, the association said.

Global shipping risks are adding another layer of cost pressure. The association said attacks on vessels in the Strait of Hormuz have intensified sharply, with the UK Maritime Trade Operations office counting 15 attacks between October 6 and October 14, including 11 in the last four days of that period. It said Iran sank a Singapore-registered vessel and that oil flows through the strait had dropped sharply. Brent crude was around $106, a level that points to higher bunker costs for ocean carriers. In the Red Sea, some carriers have returned to the Suez route, but war-risk insurance remains difficult to secure. At the Panama Canal, by contrast, traffic improved, with daily transits rising to 33 on October 15.

For U.S. beverage importers, the combination of unsettled tariff litigation, tighter refund procedures, and higher shipping risk leaves little room to assume costs will come down quickly. The class certification in the IEEPA case opened a path for broader claims, but the association’s message was that importers should treat it as a legal step, not as a refund order, and keep their customs and banking records current while the case moves ahead.