Cargo System Messaging Service
December 18, 2025CSMS # 67236626 – Periodic Monthly Statement (PMS) Dates for 2026
December 29, 2025Dear Clients & Friends, Below please find the notice we received from our friends at the FPAA. If you are not an FPAA member and are interested in participating, please contact the FPAA directly. Thank you, From: Allison Moore Sent: Thursday, December 18, 2025 3:01 PM Subject: Exclusive Offer for FPAA Members to Pursue IEEPA Tariff Refunds. Act Before Dec. 23, 2025 Dear Members of the FPAA, FPAA Members have the opportunity to seek refunds of IEEPA tariffs that your firm has paid, via litigation to be filed on behalf of members of the Association challenging the legality of the tariffs in the U.S. Court of International Trade (CIT). The FPAA has engaged Neville Peterson, international trade and customs attorneys, who have advised FPAA that the association may bring an action under a 28 USC 1581(i) in the CIT in order to seek recovery of these tariffs for participating members. If the suit succeeds, FPAA members who participate may be eligible to receive refunds of IEEPA tariffs they paid, whether the imports were entered from Mexico or any other country, subject to the scope of the challenged IEEPA measures and proof of IEEPA duties paid. It is important to act quickly. The initial deadline for members to inform FPAA of your interest in participating is Tuesday, Dec. 23, at noon AZ time (2 pm EST). FPAA members will not pay anything individually for the filing of the lawsuit. If the case is decided in FPAA’s favor, a 3% contingency fee would be deducted from any tariffs that are repaid to you through this process. This is to cover legal and administrative costs associated with the suit. It is important to note that your firm is also able to file a suit on its own. We understand that the majority of FPAA members paid IEEPA tariffs in March 2025. However, depending on the Member’s business and the country of origin of the produce, the Member may have paid IEEPA tariffs over a longer period. Also, this lawsuit would cover non-produce imports including equipment, materials, etc., to the extent such entries also incurred the challenged IEEPA tariffs. In short, FPAA members are advised to: File a 28 U.S.C. § 1581(i) action individually, or on behalf of FPAA as an “association plaintiff”; Consider protesting IEEPA tariff assessment to Customs within 180 days of liquidation, as part of a “belt and suspenders” approach. Work with your custom house broker for this part of the process. However, it should be noted that the Government has indicated that it intends to argue that IEEPA liquidations are “ministerial” and non-protestable. Because of the timing of liquidation of customs entries and an impending decision of the United States Supreme Court in related litigation concerning the legality of the IEEPA tariffs, there is an urgency to file any lawsuit. If you wish to participate, please respond to Amoore@freshfrommexico.com with your company name and an estimate of the amount of IEEPA tariffs your firm has paid to date. The deadline is Tuesday, Dec. 23, at noon AZ time (2 pm EST). As a reminder, any refunds are contingent upon a final court decision (including any appeals) that the IEEPA tariffs are unlawful, and the availability of a refund mechanism for the relevant entries.This option is only available to, and should be pursued by, importers who paid the IEEPA tariffs. Sincerely – The FPAA |
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