CAPE Phase 3 opens new refund opportunities for importers.
CBP has provided a significant update on its CAPE (Consolidated Administration and Processing of Entries) program, the mechanism being used to process refunds of IEEPA-related tariffs. According to a September 15 court filing, approximately $122 billion in duty refunds and interest have already been certified and transmitted to the U.S. Treasury for payment, while roughly $134.7 billion in total potential and certified refunds have been accepted for processing.
The agency also reported that more than 286,000 CAPE declarations have been submitted since the program launched, covering 27.2 million import entries, demonstrating the scale of importer participation and potential recovery opportunities.
Looking ahead, CAPE Phase 3 is scheduled to launch on October 6, 2026. Those Importers of Record who filed a lawsuit in the Court of International Trade prior to July 30, 2026, will be among the first to receive refunds for finally liquidated entries. Additional guidance will be forthcoming for other Importers of Record who may not have filed in the CIT yet or filed after July 30, 2026. We recommend Importers of Record who paid IEEPA duties, but whose entry summaries were finally liquidated and were unable to file CAPE under CAPE 1 or 2, consult with their trade attorney to consider court action if they have not already done so.
Due to the rapidly changing application and modifications of duty rates, please note that Deringer is not responsible for coordinating the timing of U.S. entry and imposed tariff rates.
