If your business raised prices in 2025 because of tariff costs, and you're now planning to claim a refund on those same tariffs — there's a real chance that decision could get you sued by your own customers. And your customs broker has no way of telling you whether you're at risk.
Legal disputes over exactly this issue are already emerging — between importers and the customers who effectively paid those tariffs in the form of higher prices. The problem is that if your broker is the one reviewing your entry history, anything they find isn't legally protected from discovery. Your import entries are treated as normal business records, fully discoverable if this issue were ever to affect you.
Attorney-client privilege only applies to attorney communications. If a broker goes through your past entries and finds something misclassified — such as goods filed under the wrong tariff code, which is more common than most importers realize — that review becomes legally discoverable, meaning a CBP audit can access it.
Brokers also cannot evaluate your class-action exposure. Litigation is already emerging that targets companies that passed import tariff costs on to their customers and are now also claiming a refund. A broker has no way to assess that risk for you — but an attorney can, under privilege, meaning you're legally protected from day one. This matters enormously if your import entry history has any sort of complexity.
If your broker reviews your entry data and HTS codes, that review can be pulled in an audit or in litigation. When an attorney does the exact same review, it can't be subpoenaed. This matters most if any of your goods might have been misclassified, which can cut one of two ways: either you overpaid, meaning a bigger refund, or you underpaid, meaning a compliance bill CBP can collect on, with interest. You want that looked at under privilege, before anything gets filed — so you know with certainty.
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Check My EligibilityIf you raised prices last year because of increased tariff costs, and you're now planning to claim a refund on those same tariffs, this is a conversation worth having first — before you file, and certainly before your customs broker goes through any of your import entry history.
None of this means you shouldn't file your refund claim through your trusted broker. You just need to understand the legal limits of their authority, and know when you may need more legal protection, capability, and experience in dealing with US customs and trade law — before you file. Finding out after will be too late.
Could claiming a tariff refund expose my business to a lawsuit?
If you raised prices in 2025 due to tariffs and are now claiming a refund on those same tariffs, there is an active legal question — and real emerging litigation — about who is actually entitled to that refund: the importer, or the customers who effectively paid the higher prices.
Is a broker's review of my tariff entries confidential?
No — a broker's review is a normal business record and can be discovered in a CBP audit or in litigation.
Is an attorney's review of my tariff entries confidential?
Yes — under attorney-client privilege, an attorney's review cannot be subpoenaed, unlike a broker's review.
What happens if my goods were misclassified under the wrong tariff code?
It can cut one of two ways: you may have overpaid, meaning a larger refund, or underpaid, meaning a compliance bill CBP can collect on, with interest. This is best reviewed under attorney-client privilege before filing.
Can my customs broker evaluate my class-action exposure?
No — brokers have no way to assess this risk. Only an attorney can evaluate it, and do so under privilege.