IEEPA Tariff Refund Program
Frequently Asked Questions
Answers to common questions about the IEEPA tariff refund process, fees, legal representation, and timelines. Opscale Exchange connects businesses with elite U.S. customs counsel.
Process & Timeline
How does the Opscale Exchange IEEPA tariff refund process work?
The process runs in five steps from intake to refund receipt:
1
2
3
4
5
Submit Intake & Sign MSA
Eligibility Confirmed
Pre-filing Fees
Legal Filing
Refund Received
Step 1: Submit Intake & Sign MSA
- Sign MSA with Opscale Exchange
- Sign law firm engagement letter
- $10,000 due
Step 2: Eligibility Confirmed
- Opscale invoices legal fees per MSA
Step 3: Pre-filing Fees
- Pre-filing legal fees invoiced and paid per the MSA Schedule of Fees
Step 4: Legal Filing
- Summons, protest & ACE forms filed
Step 5: Refund Received
- 20% contingency due within 15 days
When do I sign the Master Services Agreement - and who is it with?
The Master Services Agreement is signed with Opscale Exchange as part of the intake form — before any eligibility review begins. It establishes the terms of your engagement, including fees, so you know exactly what you are agreeing to upfront.
At the point of Eligibility Confirmation — after specialist trade counsel has reviewed your import records and confirmed you qualify — you will sign a separate engagement letter directly with the law firm. That is when legal work commences and the $10,000 engagement fee becomes due.
No fees are due and no legal work begins until written Eligibility Confirmation is in hand. You are under no financial obligation prior to that point.
How long does the refund process take from start to finish?
This is a federal legal process — not a form submission. Clients should plan for a multi-month to multi-year engagement depending on the recovery pathway and how aggressively the government contests claims. Patience is a real part of this process.
U.S. Customs has indicated that CAPE Declaration claims could be processed in as few as 60–90 days after submission — however, this has not yet been proven in practice at scale. CBP has acknowledged it faces an unprecedented volume of refund claims that its existing systems were not built to handle. Delays should be expected.
For claims requiring formal protest or Court of International Trade litigation, timelines are longer and subject to court scheduling, government response, and potential appeals. Your legal counsel will provide a realistic estimate for your specific situation during the eligibility review — at no cost.
Important: Customs protests must be filed within 180 days of entry liquidation. Regardless of how long the recovery takes, the window to preserve your right to claim is limited. Starting your intake today is the most important step you can take.
What is an ACE account and do I need one?
ACE stands for the Automated Commercial Environment — the U.S. Customs and Border Protection portal through which import records are tracked and refunds are processed. A properly structured ACE account is required for any refund to be disbursed.
Your legal counsel will ensure your ACE account is correctly set up and your forms are filed in a way that maximizes your refund and avoids processing delays. This is one of the key areas where attorney involvement — versus a customs broker alone — makes a material difference.
What happens if the government appeals the refund order?
This is a live risk in the current legal landscape. It remains uncertain whether the government will appeal the Court of International Trade’s broad refund order to the U.S. Court of Appeals for the Federal Circuit.
An engaged trade attorney tracks developments in real time and adjusts your filing strategy accordingly. A customs broker cannot provide this protection — which is precisely why Opscale Exchange connects clients with counsel who have decades of CIT experience.
This is also why filing now rather than waiting matters. The earlier your claim is on record, the stronger your legal position regardless of how any appeal proceeds.
Fees & Costs
What does it cost to work with Opscale Exchange?
Fee
Amount
When Due
Engagement Fee
$10,000
At Eligibility Confirmation
Pre-filing Legal Fees
Per MSA Schedule
When counsel prepares to file
Contingency Fee
20% of refund
Within 15 days of receipt
What does the $10,000 engagement fee cover?
The $10,000 engagement fee is a flat fee due upon written Eligibility Confirmation from the law firm. It is applied toward the Schedule of pre-filing law firm fees and covers the initiation of your legal engagement — including the filing of a Summons and Complaint at the Court of International Trade, which carries a flat fee of $10,000 per importer of record.
What are the pre-filing attorney fees and who do I pay them to?
Pre-filing attorney fees are determined by the law firm based on work completed and are due when counsel prepares to file — before any recovery occurs. You are invoiced by Opscale Exchange, not directly by the law firm. Opscale pays the law firm on your behalf per the MSA Schedule of Fees.
The Schedule of Fees includes:
- Summons & Complaint at CIT: $10,000 per importer of record
- Liquidation Monitoring: $500/month (waived if CAPE Declarations selected)
- Protest Filing: $750 per administrative protest
- CAPE Declarations: 2% of CAPE Claim Amount, collected at completion
Pre-filing fees are separate from and in addition to the 20% contingency fee. They are not deducted from your refund — they are due before filing.
■ Upfront Cash Option Available
If you choose to take the upfront cash advance on your validated refund receivable, your pre-filing legal fees will be covered as part of the contingency fees — meaning no out-of-pocket legal costs before filing. Ask your Opscale Exchange representative for details on this option.
Are fees refundable if my claim is denied?
All fees paid to Opscale Exchange are earned and non-refundable once due, regardless of outcome — including if a protest is denied, the refund is less than estimated, or you elect not to proceed after Eligibility Confirmation.
Legal Counsel
Who is the law firm handling my claim?
Through Opscale Exchange, you work directly with one of fewer than 10 law firms in the country with a dedicated U.S. Customs and Trade department — staffed by attorneys who have spent decades working before the Court of International Trade and U.S. Customs and Border Protection.
There are fewer than 150 U.S. customs attorneys in the entire country, and even fewer have experience arguing before the CIT. That level of expertise is not available through a customs broker or a general practice law firm — and it is what separates a denied claim from a maximized refund.
Opscale Exchange’s volume gives clients access to this caliber of counsel at terms that would be unavailable to a single importer approaching the firm independently.
Why do I need an attorney — can't my customs broker handle this?
A customs broker can submit entries through CBP’s CAPE portal — but that is where their role ends. There are critical capabilities that only a licensed trade attorney can provide:
Capability
Attorney
Broker
File CAPE portal submissions
File formal CBP protest
File CIT litigation / summons
Protect entries past 180-day window
Attorney-client privilege
Evaluate class action exposure
Respond if government appeals ruling
Correct & optimize HTS codes
Limited
Broker communications are also not protected by attorney-client privilege — they can be subpoenaed. Attorney review of your import history is legally protected from the moment it begins.
What if my entries were liquidated more than 180 days ago?
This is precisely where legal counsel becomes essential. Once entries have been liquidated beyond the 180-day protest window, a customs broker has no recourse. However, a trade attorney can evaluate CIT litigation-based pathways that may still preserve your claim depending on the specific circumstances of your entries.
Do not assume your claim is lost because of timing. The eligibility review is free and can quickly determine whether viable pathways exist for your situation.
Process & Timeline
How does the Opscale Exchange IEEPA tariff refund process work?
The process runs in five steps from intake to refund receipt:
1
2
3
4
5
Submit Intake & Sign MSA
Eligibility Confirmed
Pre-filing Fees
Legal Filing
Refund Received
Step 1: Submit Intake & Sign MSA
- Sign MSA with Opscale Exchange
- Sign law firm engagement letter
- $10,000 due
Step 2: Eligibility Confirmed
- Opscale invoices legal fees per MSA
Step 3: Pre-filing Fees
- Pre-filing legal fees invoiced and paid per the MSA Schedule of Fees
Step 4: Legal Filing
- Summons, protest & ACE forms filed
Step 5: Refund Received
- 20% contingency due within 15 days
When do I sign the Master Services Agreement - and who is it with?
The Master Services Agreement is signed with Opscale Exchange as part of the intake form — before any eligibility review begins. It establishes the terms of your engagement, including fees, so you know exactly what you are agreeing to upfront.
At the point of Eligibility Confirmation — after specialist trade counsel has reviewed your import records and confirmed you qualify — you will sign a separate engagement letter directly with the law firm. That is when legal work commences and the $10,000 engagement fee becomes due.
No fees are due and no legal work begins until written Eligibility Confirmation is in hand. You are under no financial obligation prior to that point.
How long does the refund process take from start to finish?
This is a federal legal process — not a form submission. Clients should plan for a multi-month to multi-year engagement depending on the recovery pathway and how aggressively the government contests claims. Patience is a real part of this process.
U.S. Customs has indicated that CAPE Declaration claims could be processed in as few as 60–90 days after submission — however, this has not yet been proven in practice at scale. CBP has acknowledged it faces an unprecedented volume of refund claims that its existing systems were not built to handle. Delays should be expected.
For claims requiring formal protest or Court of International Trade litigation, timelines are longer and subject to court scheduling, government response, and potential appeals. Your legal counsel will provide a realistic estimate for your specific situation during the eligibility review — at no cost.
Important: Customs protests must be filed within 180 days of entry liquidation. Regardless of how long the recovery takes, the window to preserve your right to claim is limited. Starting your intake today is the most important step you can take.
What is an ACE account and do I need one?
ACE stands for the Automated Commercial Environment — the U.S. Customs and Border Protection portal through which import records are tracked and refunds are processed. A properly structured ACE account is required for any refund to be disbursed.
Your legal counsel will ensure your ACE account is correctly set up and your forms are filed in a way that maximizes your refund and avoids processing delays. This is one of the key areas where attorney involvement — versus a customs broker alone — makes a material difference.
What happens if the government appeals the refund order?
This is a live risk in the current legal landscape. It remains uncertain whether the government will appeal the Court of International Trade’s broad refund order to the U.S. Court of Appeals for the Federal Circuit.
An engaged trade attorney tracks developments in real time and adjusts your filing strategy accordingly. A customs broker cannot provide this protection — which is precisely why Opscale Exchange connects clients with counsel who have decades of CIT experience.
This is also why filing now rather than waiting matters. The earlier your claim is on record, the stronger your legal position regardless of how any appeal proceeds.
Fees & Costs
What does it cost to work with Opscale Exchange?
Fee
Amount
When Due
Engagement Fee
$10,000
At Eligibility Confirmation
Pre-filing Legal Fees
Per MSA Schedule
When counsel prepares to file
Contingency Fee
20% of refund
Within 15 days of receipt
What does the $10,000 engagement fee cover?
The $10,000 engagement fee is a flat fee due upon written Eligibility Confirmation from the law firm. It is applied toward the Schedule of pre-filing law firm fees and covers the initiation of your legal engagement — including the filing of a Summons and Complaint at the Court of International Trade, which carries a flat fee of $10,000 per importer of record.
What are the pre-filing attorney fees and who do I pay them to?
Pre-filing attorney fees are determined by the law firm based on work completed and are due when counsel prepares to file — before any recovery occurs. You are invoiced by Opscale Exchange, not directly by the law firm. Opscale pays the law firm on your behalf per the MSA Schedule of Fees.
The Schedule of Fees includes:
- Summons & Complaint at CIT: $10,000 per importer of record
- Liquidation Monitoring: $500/month (waived if CAPE Declarations selected)
- Protest Filing: $750 per administrative protest
- CAPE Declarations: 2% of CAPE Claim Amount, collected at completion
Pre-filing fees are separate from and in addition to the 20% contingency fee. They are not deducted from your refund — they are due before filing.
■ Upfront Cash Option Available
If you choose to take the upfront cash advance on your validated refund receivable, your pre-filing legal fees will be covered as part of the contingency fees — meaning no out-of-pocket legal costs before filing. Ask your Opscale Exchange representative for details on this option.
Are fees refundable if my claim is denied?
All fees paid to Opscale Exchange are earned and non-refundable once due, regardless of outcome — including if a protest is denied, the refund is less than estimated, or you elect not to proceed after Eligibility Confirmation.
Legal Counsel
Who is the law firm handling my claim?
Through Opscale Exchange, you work directly with one of fewer than 10 law firms in the country with a dedicated U.S. Customs and Trade department — staffed by attorneys who have spent decades working before the Court of International Trade and U.S. Customs and Border Protection.
There are fewer than 150 U.S. customs attorneys in the entire country, and even fewer have experience arguing before the CIT. That level of expertise is not available through a customs broker or a general practice law firm — and it is what separates a denied claim from a maximized refund.
Why do I need an attorney — can't my customs broker handle this?
A customs broker can submit entries through CBP’s CAPE portal — but that is where their role ends. There are critical capabilities that only a licensed trade attorney can provide:
Capability
Attorney
Broker
File CAPE portal submissions
File formal CBP protest
File CIT litigation / summons
Protect entries past 180-day window
Attorney-client privilege
Evaluate class action exposure
Respond if government appeals ruling
Correct & optimize HTS codes
Limited
Broker communications are also not protected by attorney-client privilege — they can be subpoenaed. Attorney review of your import history is legally protected from the moment it begins.
What if my entries were liquidated more than 180 days ago?
This is precisely where legal counsel becomes essential. Once entries have been liquidated beyond the 180-day protest window, a customs broker has no recourse. However, a trade attorney can evaluate CIT litigation-based pathways that may still preserve your claim depending on the specific circumstances of your entries.
Do not assume your claim is lost because of timing. The eligibility review is free and can quickly determine whether viable pathways exist for your situation.