A swelling queue of British exporters hoping to recoup money lost to Donald Trump’s now-discredited emergency tariffs may discover that they are entitled to precisely nothing, the audit, tax and business advisory firm Blick Rothenberg has warned.
According to John Havard, a consultant at the firm, roughly 126,000 claims have been lodged through the US Consolidated Administration and Processing of Entries (CAPE) system since it opened for business on 20 April. Yet a sizeable proportion of those applications are expected to be bounced, either because the claimant is not legally eligible or because the paperwork has fallen foul of the portal’s exacting requirements.
“Some UK businesses hoping for compensation may find they are ineligible for it and receive nothing,” Mr Havard said. “A number of small British firms may never have encountered tariffs until President Trump’s second term. They are likely unaware that, although falling sales and higher shipping costs have inflicted significant harm on their finances, legally they are owed nothing by the US Government.”
Who actually owns the tariff bill
The crux of the issue, Mr Havard argues, lies in the small print of international trade contracts. Where British firms shipped goods to American customers on an “ex-works” or “cost and freight” basis, the legal obligation to settle the tariff sat with the US importer rather than the UK seller.
“Reimbursing the US importer for its additional costs does not qualify the UK entity to apply for a tariff refund,” he explained. In other words, even where British exporters voluntarily absorbed the cost to preserve a customer relationship, they cannot now walk into the CAPE system and ask for it back.
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