2/28/26 — DOJ Moves to Delay IEEPA Tariff Refund Process

On Friday, February 27, DOJ moved to slow the IEEPA tariff refund process in V.O.S. Selections, Inc. v. Trump, No. 25-1812 (Fed. Cir.).

DOJ asked the Federal Circuit not to act until the Supreme Court's judgment issues under Rule 45.3 (around March 24, 2026) and flagged (but did not commit to) a possible rehearing petition before the March 17, 2026 Rule 44.1 deadline. It argued that plaintiffs face only compensable monetary harm, and requested a further 90-day stay of the mandate after the Supreme Court's judgment so that the "political branches" can "consider options." DOJ also emphasized that the invalidated IEEPA tariffs have now been replaced by a new global surcharge under Section 122 of the Trade Act of 1974, arguing that any refund process must be designed in light of that new regime. DOJ characterized the importers' push for an immediate mandate as an attempt to be the "center of attention in remedial proceedings" at the CIT, arguing there is no basis to depart from the ordinary course in which the Federal Circuit waits for the Supreme Court to send down its judgment (either 32 days after the decision or after denial of rehearing). The government maintained that the importers have not shown irreparable harm and should not be permitted to proceed at "breakneck speed," urging instead that the appellate court wait 90 days to give Congress a chance to craft a legislative solution.

In parallel, DOJ asked the Court of International Trade for up to 120 days before refund-related litigation resumes, with plaintiffs' opposition due March 17, 2026.