A recent court decision may affect your tariff exposure and supply chain strategy.
IEEPA Tariff Refunds Are Coming: What Medtech Needs to Know
Now On-Demand
IEEPA Tariff Refunds Are Coming: What Medtech Needs to Know
Now On-Demand
Following the landmark SCOTUS decision, billions in global tariff revenue is now on the table for recovery, but the process for making refund claims is new and untested. With U.S. CBP’s new CAPE portal soon going live, medtech companies finally have a pathway to recover unlawfully collected IEEPA duties. However, Phase 1 is restricted to specific entry types, and missing a technical requirement could stall your recovery for months.
This timely session focuses on the operational readiness required to leverage the CAPE tool, which will be the exclusive administrative mechanism for IEEPA refunds starting April 20. Stay ahead of the shifting policy landscape with the leading authorities on international trade law from Akin Gump.
Who Should Attend:
- Regulatory affairs and legal counsel
- Trade compliance and logistics professionals
- Government affairs and policy teams
- Product and global market strategists
- MedTech exporters seeking tariff mitigation strategies
This is a members-only event. Space is limited.
Panelists
Moderator: Ashley Miller, Executive Vice President, Global, Strategy and Analysis, AdvaMed
Ashley Miller is Executive Vice President of Global Strategy and Analysis of AdvaMed®. Ms. Miller is responsible for the Association’s efforts to provide adequate reimbursement and open market access for medical technology products worldwide. She also serves as the Co-Chair of the Global Medical Technology Alliance.
Before joining AdvaMed®’s leadership team in early 2022, Ms. Miller worked in the Executive Office of the President as Deputy Assistant United States Trade Representative (USTR) for Market Access and Industrial Competitiveness. In this role, she was the lead negotiator for trade and regulatory issues in U.S. FTAs and had broad responsibility for the development and coordination of U. S. policy on international trade and regulatory matters focused on information technology, semiconductor, medical devices, and pharmaceutical sectors. Prior to joining USTR, Ms. Miller was the Department of Commerce’s Market Access and Compliance Attaché at the U.S. Mission to the European Union in Brussels, Belgium.
Sally Laing, Partner, International Trade, Akin
Drawing on 15 years of executive branch, congressional and private practice experience, Sally advises clients on the intersection of international trade law and U.S. public policy. In this capacity, she guides clients through complex strategic decisions regarding regulatory compliance, supply chain resiliency and overcoming trade barriers. Leveraging experience as a senior government official, Sally is able to counsel clients on cutting-edge trade issues, industrial policy and other emerging challenges.
Devin S. Sikes, Partner, Akin
Devin helps government and corporate clients across the globe navigate complex international trade laws and policies to seize opportunities and avoid risks. With a particular focus on trade policy and trade remedy matters, Devin has represented corporations, big and small, across numerous industries, as well as counseled industry associations and sovereigns.
Watch the full recording below or explore the FAQ section for a quick way to get up to speed on the key takeaways from the webinar.
FAQ: IEEPA Tariff Refunds and the CAPE Process
Do companies need to take action to receive a refund, or will CBP issue refunds automatically?
Companies must proactively submit a request through CBP’s CAPE system to receive IEEPA tariff refunds. Refunds will not be issued automatically without a declaration being filed.
Is there a deadline to submit CAPE refund claims?
At this time, CBP has not set a formal deadline for submitting Phase 1 CAPE claims. Phase 1 remains open. That said, timing may affect when refunds are received, and companies should factor internal reporting needs into their planning.
What if our company paid IEEPA tariffs but our entries are not eligible for Phase 1?
Entries not eligible for Phase 1 (e.g., reconciliation, drawback, fully liquidated entries) are expected to be addressed in future phases of CAPE. CBP has not announced a timeline for Phase 2, but has indicated publicly that additional phases are forthcoming.
Can companies submit only some entries now and others later?
Yes. Companies may choose to submit eligible “clean” entries first and hold more complex entries for later phases. CAPE submissions can be made in multiple batches, and rejected entries do not invalidate an entire submission.
What happens if CBP identifies another issue with an entry during review?
CBP has indicated it may offset refunds if it identifies unrelated unpaid duties or errors elsewhere in the customs system. When offsets occur, CBP has stated it will provide an explanation, though the process may not involve extended back‑and‑forth.
How visible is the refund process once a claim is submitted?
Importers and brokers can monitor submission status and validation results through ACE reports, which show:
- Which entries were accepted
- Which were rejected
- The reason for any rejections
Refunds themselves are issued on a consolidated basis rather than entry‑by‑entry.
Can companies direct refunds to a different entity or bank account?
Generally, refunds are paid to the importer of record. Directing refunds elsewhere is highly limited and usually must have been designated at the time of entry. Companies should review prior designations and consult counsel before assuming flexibility.
What if our company has changed customs brokers since the affected entries were filed?
Only the original broker associated with an entry may submit a CAPE declaration on that entry. If a company has changed brokers, coordination with the prior broker may be required.
Are attorneys allowed to submit CAPE declarations on behalf of companies?
No. Attorneys are not permitted to file CAPE declarations. That said, attorneys may advise companies and brokers on eligibility, strategy, and risk considerations associated with submissions.
Should companies consider selling refund rights to a third‑party financial firm?
A secondary market has emerged for purchasing refund rights at a discount. Companies considering this option should be aware that:
- Sellers typically remain responsible for filing CAPE declarations
- Contracts may require sellers to take additional steps if refunds are delayed or disputed
- Offsets or reductions in refunds may create contractual complexity
Legal review is strongly recommended before entering these arrangements
How should companies think about customer or contractual expectations around refunds?
Whether refunds must be shared with customers depends on contractual terms and commercial arrangements. Companies may wish to review:
- Tariff or tax pass‑through provisions
- Pricing clauses
- Any language addressing refunds or adjustments
Absent contractual obligations, companies should still consider customer‑relationship and reputational factors.
What should companies be doing now if they are not ready to file?
Even if companies are not submitting immediately, useful preparatory steps include:
- Confirming ACE access and ACH setup
- Identifying affected entries and distinguishing Phase 1 vs. later‑phase eligibility
- Coordinating internally between trade compliance, finance, and legal teams
- Monitoring CBP’s CAPE FAQs, which are expected to evolve
REMINDER: the information shared during the webinar, including the content of the slides, was current as of April 29, 2026 may be subject to change in the future. Please keep in mind that nothing discussed in this session should be considered legal advice. For any legal questions or guidance relating to your specific circumstances, you should always consult with your own legal counsel. Our goal is to provide helpful and up-to-date information, but your individual situation may require personalized legal advice.
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