S. 4364

119 S4364 IS: Speedy Tariff Refund Act of 2026
 U.S. Senate
 2026-04-21
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4364  IN THE SENATE OF THE UNITED STATES   April 21, 2026   Mr. Wyden  (for himself,  Mr. Markey , and  Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To provide for the refund of duties imposed under the International Emergency Economic Powers Act.
1.
Short title
This Act may be cited as the   Speedy Tariff Refund Act of 2026  .
2.
Sense of Congress
It is the sense of Congress that—
(1)
in light of the holding by the Supreme Court that duties imposed under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) are unlawful, the Commissioner of U.S. Customs and Border Protection must pay refunds of those unlawfully collected duties;
(2)
the Commissioner must process those refunds as swiftly as possible and without imposing additional requirements that disproportionately hinder individuals and small businesses from obtaining refunds;
(3)
the Consolidated Administration and Processing of Entries (CAPE) system for refunds is seriously flawed and places unjustified burdens on importers, particularly small businesses; and
(4)
importers, wholesalers, and larger businesses, especially those that raised prices or passed on direct costs from those unlawful duties while they were in place, should pass on the refunds to their customers, including small businesses and families impacted by those duties.
3.
Refund of duties imposed under International Emergency Economic Powers Act
(a)
In general
Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, the Commissioner of U.S. Customs and Border Protection shall, not later than 30 days after the date of the enactment of this Act, automatically refund, with interest, to each importer of a covered article all duties imposed under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and paid with respect to the article.
(b)
Reliquidation authority
In the case of an entry of a covered article that was liquidated before the date of the enactment of this Act, the Commissioner shall reliquidate the entry at the rate of duty applicable to the article in the absence of any duty imposed under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) in order to pay a refund required under subsection (a).
(c)
Prioritization of small businesses
The Commissioner shall, to the extent practicable, prioritize the payment of refunds under subsection (a) to small business concerns.
(d)
No request or documentation required
In carrying out this section, the Commissioner may not require an importer to make an explicit request for a refund under subsection (a) or to submit documentation in order to receive such a refund.
(e)
Definitions
In this section:
(1)
Covered article
The term  covered article  means an article with respect to which the President imposed duties under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ).
(2)
Enter; entry
The terms  enter  and  entry  include a withdrawal from warehouse for consumption.
(3)
Small business concern
The term  small business concern  has the meaning given that term in section 3 of the Small Business Act ( 15 U.S.C. 632 ).