Turning IEEPA Tariff Claims into Cash
A Chance to Reduce Expenses, Manage Tariff Impact, and Unlock Cash Flow
Our affiliate team has developed a secondary market where U.S. importers impacted by IEEPA tariffs may monetize their potential tariff refund claims tied to the litigation surrounding the International Emergency Economic Powers Act (IEEPA). This innovative solution allows importers to sell the economic rights tied to those contested tariffs in exchange for a cash payment from an institutional investor. The offering is structured through a clean, “true-sale” legal transaction between the seller and buyer, in partnership with some of the largest global institutional asset
Business Consulting Services for IEEPA Tariffs
Executive Summary
Current Market Overview
- 20% – 30%: Reciprocal tariffs paid to date
- 10% – 12%: Fentanyl tariffs paid to date
These tariffs remain under active legal challenge, with importers seeking refunds and contesting the government’s use of IEEPA to impose such duties. The case is currently on appeal before the Federal Circuit and is expected to be taken up by the U.S. Supreme Court.
Our facilitators offer a way to de-risk the outcome by providing a guaranteed payment today, rather than waiting years for final court rulings. Transactions can also be structured to include future payments for tariffs incurred after the closing date.
Active Market for Monetizing IEEPA Tariff Claims
- In May 2025, the U.S. Court of International Trade ruled that tariffs imposed under IEEPA were unlawful and void, though enforcement of the decision has been stayed pending appeal.
- This legal uncertainty has created a growing market for importers to monetize litigation-driven assets rather than wait years for a final appellate recovery.
- Through structured transactions, importers with unpaid claims—or those seeking to sell their refund rights—can receive upfront cash consideration at a commercially acceptable discount.
- Building on the precedent set in the Section 301 tariff space, the first known IEEPA Tariff Claim transactions closed in mid-2025, led by a large U.S. asset manager.
- Our facilitator has unique secondary-market reach, having executed the earliest Section 301 China Tariff Claims transactions as far back as 2021. For IEEPA Tariff Claims, our facilitator is now leveraging this track record, with over $1.6 billion in Section 301 tariff claim transactions facilitated to date.
Why Importers Are Exploring This Option
- Tariff Mitigation & Cost Offsetting
Many importers are seeking ways to reduce the impact of IEEPA tariffs. Selling potential refund recovery rights can serve as an effective tool within a broader mitigation strategy.
- Improved Supply Chain Forecasting
Buyers may structure forward-purchase agreements covering IEEPA tariffs paid after a transaction closes. This provides importers with greater certainty of future payments—supporting more strategic supply chain planning, financing decisions, and even the potential resumption of paused imports.
- Risk Transfer & Certainty of Recovery
Legal and political outcomes remain unpredictable. By monetizing claims, importers eliminate speculation and gain immediate recovery. Institutional buyers—mandated to invest in special-situations opportunities—step in as capital providers, much as they did in the Section 301 claims market.
- Our Facilitator’s Role
Our facilitator offers sellers a streamlined, no-cost process to evaluate and execute these transactions with confidence.
Typical Transaction Structure & Process
- Upfront Payment
Sellers receive immediate cash consideration for tariffs already paid. In some cases, our facilitator may also structure transactions to include rights for buyers to acquire future claims under pre-negotiated terms.
- True-Sale Structure
Transactions are structured as true sales, with our facilitator ensuring the legal transfer of ownership of the refund/recovery rights under definitive agreements.
- Data Requirements
Sellers provide historical ACE or ITARAC data (via their customs broker or internal trade/compliance team), which our facilitator uses to validate the claim amount.
- Commitment to Close
A Transaction Committee, guided by our facilitator, reviews and approves key terms. The buyer then conducts confirmatory due diligence and issues a Participation Agreement with mutually agreed language. Upon execution, funds are wired to the seller—typically within 2–3 business days.
Our Facilitator’s Role in the Market
- Market Education
Our facilitator provides importers and their supply chain partners with clear guidance on every aspect of these transactions—helping them understand structure, risks, and benefits.
- High-Touch Deal Team
A highly experienced team is engaged at every stage, from the first introductory call through closing and funding, ensuring personalized attention throughout the process.
- Institutional Buyers
Our facilitator partners with leading multi-strategy institutional asset managers—ranging from $10 billion to over $200 billion in AUM—who have deep expertise in structuring transactions for illiquid and hard-to-value assets.
- Market Transparency
Leveraging extensive track record and market insight, our facilitator ensures a smooth, transparent, and efficient process for all parties involved.
Special Assets: Selected Transactions
- $1.6+ Billion Section 301 Chinese Tariff Claims – Our facilitator established the secondary market and managed a $350 million sale process for a publicly traded U.S. retailer.
- $1 Billion Affordable Care Act Risk Corridor Litigation Claims
- $5 Billion Visa/Mastercard Interchange Fee Class Action Claims
- $2 Billion Visa/Mastercard Opt-Out Claims – Represented large U.S. retailers.
- $1.6 Billion FTX Customer Claims – Our facilitator led multiple sale processes for major creditors and established the secondary market for Preferred Equity Claims.
- $1 Billion Home Insurance Claims (Liquidation)
- $500 Million Midland Insurance Claims (Liquidation)
- $3 Billion Visa B Shares – Our facilitator provided liquidity to holders of litigation damages and ran a sale process for the U.S. government–backed National Credit Union Association (NCUA).
- $5 Billion Multi-Factor Customer Claims – Executed multiple multi-hundred-million-dollar transactions for global banks and European asset managers.
- $10 Billion Lehman Brothers Claims – Our facilitator completed one of the largest Lehman Brothers claims transactions ever.
- $600 Million MF Global Claims
- $700 Million SunEdison Litigation Claim – Managed a sale process for a large U.S. publicly traded company.
- $1 Billion TOPS Markets Litigation Claims – Facilitated two separate $500 million trades.