The United States Supreme Court has declared the tariffs implemented during President Donald Trump's administration illegal, opening the possibility of requesting a refund of the 10% tariff paid on shipments to the United States.
For the Peruvian blueberry sector, which has the United States as its main destination market, the decision could affect companies that export under the free consignment modality.
Matías Araya, managing partner of Araya & Cía. Abogados and specialists in international fruit and vegetable trade state that the decision obliges the U.S. customs authority to refund tariffs paid without cause, provided that the formal requirements established by customs regulations are met.
"In the blueberry industry, where a significant portion of shipments enter the U.S. under free consignment, the 10% tariff was deducted from the final settlement to the exporter. In these cases, the Peruvian exporters themselves bore the actual cost and could be the legitimate beneficiaries of the refund," he notes.
Araya explains that although the importer is listed with U.S. customs as Importer of Record, the right to receive the refund belongs to the party who actually paid the tariff. If the party that bore the cost has the formal authority to submit the application, it may do so directly. In other cases, an assignment of rights can be arranged, or the importer can be authorised to process the refund.
Given the volume of shipments in each blueberry season, a recovery of 10% per shipment could represent substantial amounts for exporters.
The deadline is decisive
According to Araya, a formal protest must be filed with the customs authority within a maximum of 180 days from the date of the customs assessment.
"If more than 180 days have passed without a protest being filed, the right to claim is lost, and therefore, the possibility of obtaining a refund. For this reason, it is essential that blueberry exporters carefully review the dates of each shipment," he warns.
Exporters are advised to review customs settlement dates and identify which operations are still within the legal timeframe. Until a specific procedure is established by the U.S. authority, each refund must be processed individually.
Source: Araya & Co. Lawyers / Blueberries Consulting
