Freight Pulse & Law Update: Trade Court Opens an IEEPA Duty-Refund Path as Spot Rates Flatten Near Their Peak

The U.S. Court of International Trade certified a nationwide class of importers who paid IEEPA duties from February 1, 2025, through February 19, 2026. The ruling creates a potential path to reliquidation for eligible entries, including some excluded from CBP’s CAPE system, but it does not make refunds automatic. Meanwhile, freight capacity remains tight as spot rates flatten near their peak.

What does the IEEPA class ruling mean for importers?

In Freestyle World, Inc. v. United States, Court No. 26-01088, the court certified the class under Rule 23(b)(2) on October 8. It covers importers of record who paid the challenged duties during the stated period, except those that separately filed an IEEPA refund lawsuit. Membership is mandatory, with no opt-out. The class seeks an injunction requiring the government to reliquidate entries, potentially reaching finally liquidated entries the CAPE process currently excludes. Read the court order.

• Certification is not a guarantee of payment; importers should preserve entry, liquidation and duty-payment records.

• Monitor the docket and consult trade counsel before taking action.

What changed in DataQs, and where are rates headed?

FMCSA’s DataQs reforms are in effect for states receiving MCSAP funding. Reviews now have three stages: Initial Review (21 days), independent Reconsideration (21 days), and Final Review by senior decision-makers or a panel (45 days). Carriers challenging inspection or crash records should track deadlines and retain supporting evidence.

FTR’s latest reported spot rates are about $2.86/mile for dry van, $3.54 for reefer and $3.35 for flatbed. FTR says rates have peaked but should flatten, not fall, as active truck utilization eases from nearly 99% toward 96%. Its 2026 dry-van spot-rate growth forecast is 37.6%, slowing to 3.2% in 2027. English-proficiency enforcement has sidelined roughly 30,000 drivers over the past year, adding pressure to capacity. (Rate outlook.)

What’s changing on the I-95 corridor near Baltimore?

Construction is underway on the $42 million expansion of the Intermodal Container Transfer Facility at the Port of Baltimore’s Seagirt Marine Terminal. The roughly 18-month build adds five working rail tracks for double-stack containers, with the goal of tripling annual lift capacity to about 160,000. It builds on the completed Howard Street Tunnel clearance project that opened seamless double-stack rail service from the Northeast to the Southeast. For Mid-Atlantic shippers, expect intermodal capacity to keep shifting volumes off congested highway lanes through 2027.

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