Peruvian blueberry exporters may be eligible to recover 10% tariffs paid on shipments to the United States following a ruling by the U.S. Supreme Court declaring tariffs imposed during the Trump administration illegal.
The decision opens the possibility for exporters to request refunds on duties paid, provided they comply with the formal procedures required by U.S. customs authorities.
Impact on the Blueberry Sector
The ruling is particularly relevant for Peru’s blueberry industry, as the United States remains the primary export market for Peruvian blueberries.
According to Matías Araya, managing partner at Araya & Cía. Abogados, a law firm specializing in international fruit and vegetable trade, the ruling requires U.S. customs authorities to refund duties that were collected without legal basis.
“In the blueberry industry, where a significant portion of shipments enters the U.S. under free consignment, the 10% tariff was deducted from the final settlement to the exporter,” Araya explained.
In such cases, exporters themselves effectively bore the cost of the tariff, making them the potential beneficiaries of any refund.
Who Can Claim the Refund?
In U.S. customs documentation, the Importer of Record is typically listed as the party responsible for the shipment.
However, Araya notes that the right to claim a refund ultimately belongs to the party that actually paid the tariff.
This means several scenarios are possible:
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If the exporter formally holds the right to claim the refund, it may submit the application directly.
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If not, the importer may be authorized to file the claim on behalf of the exporter.
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Alternatively, exporters and importers may establish an assignment of rights allowing the exporter to receive the refund.
Given the high volume of shipments during each blueberry season, recovering 10% per shipment could translate into significant financial returns for exporters.
180-Day Deadline for Filing Claims
Exporters must act quickly to recover the duties.
According to Araya, U.S. customs regulations require that a formal protest be filed within 180 days from the date of customs assessment.
“If more than 180 days pass without a protest being filed, the right to claim is lost and the possibility of obtaining a refund disappears,” Araya warned.
Because of this strict deadline, exporters are advised to carefully review the dates of each shipment to determine whether they still fall within the legal timeframe.
Individual Claims Required
At present, U.S. authorities have not yet established a specific streamlined process for handling tariff refund requests related to the ruling.
As a result, each claim will need to be processed individually.
Exporters are therefore encouraged to:
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Review customs documentation and settlement dates
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Identify shipments still within the 180-day window
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Coordinate with importers and legal advisors to prepare refund applications
Outlook
For Peru’s rapidly expanding blueberry industry, the ruling could represent an unexpected financial recovery opportunity.
However, industry experts stress that the opportunity is time-sensitive, and exporters must act quickly to ensure they do not miss the deadline to reclaim the duties.