Heft IQ Executive Radar · 2026-10-19
CAPE Phase 3 Is Open, but Only for Importers With a Court Order
CBP's third refund phase covers finally liquidated entries, and only for importers who sued and won a reliquidation order. Here's who can file now, and what everyone else should check.
What changed
CAPE opened on April 20, 2026 for unliquidated entries and entries within 80 days of liquidation (Phase 1), added entries flagged for reconciliation on June 29 (Phase 2), and on October 6 added finally liquidated entries (Phase 3). An entry is finally liquidated once it has been liquidated for more than 90 days. Phase 3 is limited to plaintiffs whose entries the Court of International Trade ordered reliquidated. CBP notified eligible plaintiffs through their counsel, and refunds are generally issued 60 to 90 days after a declaration is accepted.
What it means if you didn't sue
CBP's filings say CAPE does not accept finally liquidated entries from importers who aren't plaintiffs. On October 8, the court certified a class of importers who paid the challenged tariffs between February 1, 2025 and February 19, 2026, excluding those who filed their own cases. Certification alone doesn't trigger refunds. CBP is due to file its next progress report by October 26, with a settlement conference set for October 27. Talk to your customs broker or counsel about which route fits your entries.
What to check this week
Reconcile IEEPA duties paid against refunds received, entry by entry. Sort what's left by liquidation status, because that decides which route applies. Make sure CBP has your bank details: as of October 2, about 20,000 refunds worth roughly $1.1 billion were held for missing ACH information. Then watch for the October 26 progress report and the settlement conference. This is general information, not legal advice.