Lima, February 2026. The United States Supreme Court declared the tariffs implemented during President Donald Trump's administration illegal, opening the possibility of requesting a refund of the amounts paid for this purpose.

For the Peruvian blueberry sector —which has the United States as its main destination market— this decision could have a significant economic impact, especially for those companies that exported under the free consignment modality.

According to Matías Araya, managing partner of Araya & Cía. Abogados and specialist in international fruit and vegetable trade, the decision obliges the US 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 US customs as Importer of Record And if the party who actually bore the cost of the tariff has the formal authority to submit the application, the right to receive the refund belongs to the party who actually paid it. In these cases, an assignment of rights (AOR) can be arranged, or the importer can be authorized to process the refund.

Given the volume of shipments that characterizes each blueberry season, the eventual recovery of 10% per shipment could represent significant amounts for companies in the sector.

The deadline is crucial

One of the most important aspects of the process is the deadline for exercising this right. According to the expert, the regulations require that a formal protest 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.

The specialist recommends reviewing customs settlement dates and identifying which operations are still within the legal timeframe, considering that, until a special procedure is established by the US authority, each refund must be handled individually.