Nithya Nagarajan is a partner in the Washington, DC office of Husch Blackwell LLP, where she leads the firm's Trade Remedy and Trade Policy practice. Drawing on prior roles at the U.S. Court of International Trade, the Department of Justice, and the Department of Commerce, she represents importers and exporters before U.S. Customs and Border Protection, Commerce, and the International Trade Commission.
Live Video-Broadcast: December 9, 2026
Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs
For an Importer That Never Sued, Waiting on Someone Else's Case Is a Decision With a Deadline
Importers that paid duties under the International Emergency Economic Powers Act (IEEPA) and never sued face a new landscape. CBP now runs a phased refund process called CAPE. Class motions in Freestyle World and V.O.S. Selections are pending, and so is Federal Circuit No. 26-1895. CIT Administrative Order 26-01 ended the automatic stay. For finally liquidated entries, the stated route to CAPE Phase 3 runs through a § 1581(i) action and a plaintiff-specific reliquidation order.
Miss the § 2636(i) accrual date, and the claim is gone. Assume a class covers the client, and its definition may exclude it. Wait on No. 26-1895, and a non-plaintiff may hold nothing. Let a broker or DDP seller act as importer of record, and the refund cannot be redirected. Skip ACH refund enrollment, and payment is held. Withdraw a protest too quickly, and a classification claim may be given up.
This program follows one importer from the sue-or-wait decision to the ACH deposit. You leave with a sue-or-wait decision tree, a per-theory deadline calendar, an annotated reliquidation order, and a pre-filing checklist. Each rests on practice judgment about filing, fees, and Phase 3 submissions, not on doctrine alone.
Key topics to be discussed:
This course is co-sponsored with myLawCLE.
Date / Time: December 9, 2026
Closed-captioning available
Nithya Nagarajan, Partner | Husch Blackwell LLP
Nithya Nagarajan is a partner in the Washington, DC office of Husch Blackwell LLP, where she leads the firm’s Trade Remedy and Trade Policy practice. Drawing on prior roles at the U.S. Court of International Trade, the Department of Justice, and the Department of Commerce, she represents importers and exporters before U.S. Customs and Border Protection, Commerce, and the International Trade Commission. She also defends appeals in the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, NAFTA panels, and the World Trade Organization.
Nithya served as Law Clerk to the Hon. Evan Wallach of the U.S. Court of International Trade from 2004 to 2006. She earned her J.D. cum laude from American University Washington College of Law, where she was on the International Law Review and served as Senior Associate for the First Year Moot Court Competition. She also holds an M.B.A. cum laude in Business and Finance and a B.A. in Political Science and Business, both from The George Washington University. She is admitted in the District of Columbia and Maryland and before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Chambers USA ranks Nithya nationwide in International Trade: Trade Remedies & Trade Policy for 2025 and 2026, and the Chambers Global Guide recognizes her in the same area for 2026. The Legal 500 United States named her a Recommended lawyer for trade remedies and trade policy in 2025. She was named to the Capital Pro Bono Honor Roll with Honors in 2024 and 2025 and was a J.D. Supra Readers’ Choice Top Author in International Law in 2020 and 2024. During her government service, the Department of Commerce awarded her a Gold Medal (1997) and a Bronze Medal (1998) for her work on steel cases.
Nithya serves as Vice Chair of the International Trade Committee of the Customs & International Trade Bar Association and as Co-Chair of the Imports & Supply Chain Committee of the Association of Women in International Trade (since 2022). She sat on the Law360 Editorial Advisory Board for International Trade from 2024 to 2026 and is a member of the American Institute for International Steel, the American Bar Association, the Washington International Trade Association, and the South Asian Bar Association. Her speaking includes the 22nd Judicial Conference of the U.S. Court of International Trade (2024), the ATCC Advanced Topics in Customs Compliance Conference (2026), and a March 2026 firm webinar on the U.S. Supreme Court and the International Emergency Economic Powers Act.
Nithya served on the steering committee for the Section 301 litigation challenging the List 3 and List 4A tariffs on goods from China, and she has obtained Section 301 exclusions for U.S. importers. She identified $200 million in erroneous duty bills caused by a programming error in Commerce’s instructions to CBP and worked with Commerce to correct it, leaving the client paying less than $15,000 in duties. She has also guided importers through prior disclosures that ended with no penalty, a CBP RASA audit, and country-of-origin inquiries under the Colombia free trade agreement. In one matter she took Commerce’s inaction to the Court of International Trade and then secured a changed circumstances review that preserved a client’s zero deposit rate. Her trade remedy work includes a negative injury determination at the ITC on steel nails that spared importers potential duties, defense of exporters from China, India, Mexico, and Thailand, and negotiation of suspension agreements on behalf of Commerce.
SESSION 1 – Deciding Whether a Non-Plaintiff Importer Should File an IEEPA Refund Suit Now | Nithya Nagarajan | 2:30pm – 3:30pm
This session tests whether a non-plaintiff importer with finally liquidated IEEPA entries should file a § 1581(i) suit now. It covers § 2636(i) accrual, class fit, No. 26-1895 scenarios, and filing cost after AO 26-01, ending with a decision tree.
BREAK | 3:30pm – 3:40pm
SESSION 2 – Turning an IEEPA Reliquidation Order into Paid Refunds Through CAPE Phase 3 | Nithya Nagarajan | 3:40pm – 4:10pm
This session takes an importer of record from a CIT reliquidation order to an ACH deposit through CAPE Phase 3. It covers order conditions, the July 30 line, broker or DDP importers of record, validation, ACH enrollment, protests, and offsets.
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Approved for CLE Credits
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
No MCLE Required
1.5 CLE Hour(s)
Pending CLE Approval
1.5 General
Approved via Attorney Submission
1.5 General Hours
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 Substantive
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
No MCLE Required
1.5 CLE Hour(s)
No MCLE Required
1.5 CLE Hour(s)
Pending CLE Approval
1.5 General
No MCLE Required
1.5 CLE Hour(s)
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.8 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
90 General minutes
Approved for CLE Credits
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Pending CLE Approval
2 General
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
2 General
Pending CLE Approval
1.5 General
No MCLE Required
1.5 CLE Hour(s)
Pending CLE Approval
1.5 General
Approved for CLE Credits
1.5 General
Pending CLE Approval
1.5 General
Not Eligible
1.5 General Hours
Approved for CLE Credits
1.5 General
Approved via Attorney Submission
1.5 Law & Legal Hours
Pending CLE Approval
1.5 General
Pending CLE Approval
1.8 General
Pending CLE Approval
1.5 General