IEEPA and CAPE

What do CAPE Phases 1, 2 and 3 cover?

Phase 1 took recent entries, Phase 2 added reconciliation entries, and Phase 3, which was scheduled to open October 6, 2026 (as of September 17, 2026), is for court plaintiffs only.⁠[1]

  • Filed by a licensed broker⁠†
  • Published fees, charged after CBP pays
  • Sealed on AMD SEV-SNP
  • Phase 1 (April 20, 2026). Entries not yet liquidated, or liquidated within the prior 80 days.

    It excluded entries on a drawback claim, entries flagged for reconciliation and entries under open protest.

    It also excluded finally liquidated entries past the 80 days, non-ACE entries, antidumping and countervailing duty entries pending liquidation, and Type 08 and 23 entries.

  • Phase 2 (June 29, 2026). Added reconciliation-flagged entries under the same 80-day limit.
  • Phase 3 (scheduled for October 6, 2026, as of September 17, 2026). Finally liquidated entries under court-ordered reliquidation, for Court of International Trade plaintiffs that gave CBP their importer-of-record number by July 30, 2026.

Importers whose entries are finally liquidated and who didn't sue have no confirmed CAPE path yet.

It depends on a pending Federal Circuit appeal or a class certification ruling.

What to do now:

  • list your entries with IEEPA duty and their liquidation status;
  • keep them off drawback claims until CAPE is settled;
  • and confirm your ACH refund enrollment.

You or your filing broker files.

  • CBP CAPE guidance, via Troutman Pepper and Thompson Hine, 2026⁠[2]⁠[3]⁠[1]
  • Ice Miller, 2026⁠[4]
Also asked
  • What is CAPE Phase 1?
  • What is CAPE Phase 2?
  • What is CAPE Phase 3?
  • What do CAPE Phases 1 and 2 cover, and what actions should importers take now to prepare for refund claims?
  • Is every entry eligible right now?

Written by the NexQloud Drawback team from the primary sources linked on this page.

Not legal advice. NexQloud Drawback is not a government agency.

NexQloud Drawback is software used by licensed customs brokers.

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Read less. Run the demo.

Run the demo on a sample file. About three minutes.

  1. 01

    Upload one quarter.

    Entry summaries, invoices and export records.

    WhoYou

  2. 02

    AI drafts your claim.

    It ties each export to its import, to the cent.

    WhoThe agent

  3. 03

    Your broker files. CBP pays you.

    The refund goes directly to your bank account.

    WhoA licensed broker

Your email and name open the demo. We never ask for your ACE login or bank details.

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IEEPA refunds

Got your IEEPA refund? Drawback is the one that repeats.

We check every entry for CAPE first, the order CBP recommends.⁠[5] Drawback can recur every year.

Which tariffs qualify?

Section 301 duties, the Section 122 surcharge and the Section 338 duties on Canada all qualify.⁠[6]⁠[7]⁠[8]

How CAPE and drawback fit together

For partners

Be the firm that finds your clients a second refund.

Brokers earn the drawback fee. CPA firms bill their own work. Refund firms keep their CAPE clients. Design partners help shape it before launch.

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No fee to apply. We reply within 2 business days.

Questions

Top questions

All questions
What is duty drawback?

A refund of up to 99% of the duties, taxes and fees you paid on imports that you later export or destroy, or that went into products you export.⁠[9] It works in any industry.

When can I start?

We open to importers in waves, in the order of the waitlist. The demo shows the whole product with sample data today, and partners can apply now.

What will you need from me?

One quarter of records to start: entry summaries, invoices, packing lists, shipping documents, and export, return or destruction records.

How long until CBP pays?

With accelerated payment, CBP can pay before the claim is final. Its only published timing, from December 2018: processing "will generally take place within 3 weeks of the claim resubmission date."⁠[10]

Can I use my own customs broker?

Yes. Invite your own broker, or use one we name before you sign. Your POA stays with your broker, and your broker sets its own fee.

What if CBP pays less than claimed?

The fee follows what CBP actually pays. If CBP later recovers part of a payment, the fee is reduced to match.

Do you file CAPE claims?

No. We check every entry for CAPE first and flag what belongs there. You or your broker files CAPE. Refund firms work through one of you.

Demo

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