(Yicai) April 21 -- The US Customs and Border Protection agency has launched a program to return about USD166 billion of tariffs, after the levies were struck down as unconstitutional by the Supreme Court in February. Although the refunds are aimed at US importers, some Chinese exporters may also be eligible to apply, according to experts.

According to regulations, only importers registered with US Customs -- the importer of record -- are eligible for refunds. Chinese exporters generally do not have the right to claim a refund unless they previously registered as IORs and actually paid the tariffs, Guan Jian, a partner at Beijing-based Grandwin Law Firm, told Yicai.

Chinese exporters may be able to submit applications for refunds in two cases, Zhang Jianping, deputy director of the Chinese Academy of International Trade and Economic Cooperation’s academic committee, said in an interview with China Central Television yesterday.

The first is when a Chinese exporter has a US subsidiary that handles customs clearance. In this case, the unit can apply for a refund as an importer. The second is when a Chinese exporter is required by their US client to ship goods to a designated location while also managing customs clearance and tariff payment. In this case, the refund may also be the responsibility of the exporter.

The new refund program, known as the Consolidated Administration and Processing of Entries, was introduced to handle import tariffs imposed last year under the International Emergency Economic Powers Act. The Supreme Court ruled in mid-February that President Donald Trump had no constitutional authority to impose them.

It is the largest tariff refund initiative in US history. Over 330,000 importers paid about USD166 billion on 53 million shipments of goods, according to the CBP. Companies that submit valid refund claims may receive their money back within 60 to 90 days after approval, although it may take longer if the application requires corrections, it said.

Experts also advise that Chinese exporters clearly stipulate in future cross-border trade contracts which party will bear the tariffs and which party will be responsible for refunds, so as to guard against risks caused by legal or policy changes, according to CCTV.

Editors: Dou Shicong, Emmi Laine