CBP launched Phase 2 of CAPE on June 29 — opening roughly $28.7 billion in IEEPA refunds across 2.8 million reconciliation-flagged entries. But there's a catch importers are already missing: file your Type 09 reconciliation entry too early, and those entries drop out of Phase 2 into a slower future phase. TariffIQ™ identifies your exact filing sequence before you submit anything.
AI-powered analysis • Not legal or brokerage advice • Learn more
Alex Monroe • AI Trade Analyst • TariffIQ™ • Not legal advice
Live intelligence from the wire services — curated for U.S. importers navigating the CAPE Phase 2 launch and the ongoing IEEPA refund landscape.
The rulings, orders, and filings directly shaping your refund rights and CAPE filing eligibility.
In a 6-3 ruling, the Court held that IEEPA does not authorize the President to impose tariffs. All 2025 IEEPA emergency tariffs were ruled invalid. The decision opened $166–170+ billion in potential refunds across 53 million entry summaries and 330,000 importers of record. This ruling is not under appeal — it stands.
✅ February 20, 2026 • Ruling final • Not under appealJudge Eaton ordered CBP to reliquidate, without regard to IEEPA duties, any entry liquidated more than 80 days ago — but strictly limited to the roughly 3,700 companies whose IEEPA cases are on his docket. This is the first order supplying the legal authority CBP said in May it lacked for finally liquidated entries. Importers who have not filed a CIT complaint are not yet covered. CBP must file a Phase 3 progress report with the court by August 4, 2026.
⚖️ Applies only to filed CIT cases • CBP report due Aug 4Phase 2 opened June 29 per CSMS #69066837, covering reconciliation-flagged entries (types 01, 02, 06) without a filed Type 09, within the 80-day liquidation window. ~2.8M entries, ~$28.7B potential refunds. Operates concurrently with Phase 1 (active since April 20, 2026). Phase 3 (finally liquidated entries, CIT-case-only) targeted for late July 2026.
🟢 Phase 2 live • Filing sequence critical • Phase 3 pending late JulyDOJ's Federal Circuit appeal, consolidated under No. 26-1895, targets the CIT’s universal injunction for finally liquidated entries. The appeal does not halt CAPE. The government's opening brief is due August 3, 2026 — the first confirmed date on the briefing schedule. Separately, a class certification motion filed by Liberty Justice Center and Neal Katyal could unlock refunds for these importers without individual lawsuits; the government is opposing. Importers without filed CIT cases should consult trade counsel immediately.
🔴 Appeal active • Opening brief due Aug 3Phase 1 launched April 20. Per CBP’s July 1 CIT status declaration (data as of June 29): 18.1M entries cleared file validation, 15.92M liquidated or reliquidated without IEEPA duties, and ~$71.06B in refunds (duties plus interest) certified and sent to Treasury. Treasury ACH payments began May 12. CAPE continues for unliquidated entries and entries within the liquidation window — the appeal does not stop CAPE for these entries.
✅ CAPE running • ACH activeJudge Eaton's show cause hearing on June 9 produced EAC Susan Thomas's testimony confirming the Phase 2 and Phase 3 timeline. The court noted most refunds so far went to large importers — small importers remain largely unpaid. The hearing ended without the CIT lifting the stay.
📅 June 9 hearing complete • Stay remains in placeFollowing IEEPA invalidation, President Trump invoked Section 122 to impose a 10% global tariff effective February 24, 2026 (the statute permits up to 15%). On May 7, 2026, the CIT ruled the tariff unlawful (2-1, Oregon v. United States / Burlap and Barrel) but limited relief to three plaintiff importers; the Federal Circuit stayed the ruling May 12, so collection continued while the appeal proceeded. Section 122 carried a hard statutory 150-day limit and expired by statute at 12:01 AM EDT on July 24, 2026 — see the new Section 301 card below for what replaced it the same day. Section 122 duties were entirely separate from IEEPA and do not affect refund eligibility.
✅ Expired July 24, 2026 • Replaced same-day by Section 301On July 23, 2026, President Trump signed a memorandum directing USTR to impose new Section 301 tariffs of 10% or 12.5% on imports from 60 countries — covering roughly 99.4% of all U.S. imports — based on a forced-labor enforcement investigation USTR concluded in June. The new duties took effect at 12:01 AM EDT on July 24, the same instant Section 122 lapsed, closing what could otherwise have been a duty-free gap. USMCA-qualifying goods (Canada, Mexico) and CAFTA-DR textile/apparel goods are fully exempt, along with 471 additional HTS subheadings added after public comment. A narrow in-transit grace period covers goods loaded before the cutoff and entered by July 28. Separately, Brazil received its own distinct 25% Section 301 tariff effective July 22 — not part of this 60-country action. Section 232 tariffs (steel, aluminum, copper, autos) are unaffected.
⚠️ Effective now • Check CBP CSMS #69326983 for Chapter 99 headingsS.3905 would require CBP to refund all IEEPA duties within 180 days of enactment, with statutory interest, and create a priority queue for small businesses. This legislation would function as a legislative backstop independent of the Federal Circuit appeal — a successful government appeal would not defeat the bill’s refund mandate if enacted.
📅 Introduced May 2026 • Monitor Finance Committee for markupFrom eligibility analysis to CAPE declaration prep — TariffIQ™ identifies your entry status, your refund potential, and your next move now that Phase 2 is live.
AI-driven review of your HTS codes, entry history, and liquidation status to identify which entries are CAPE Phase 1 or Phase 2 eligible vs. requiring individual CIT action.
We build your CAPE Declaration CSV, validate Chapter 99 HTS codes, check ACH enrollment status, and coordinate with your licensed customs broker for ACE submission — in the correct filing sequence.
Detailed financial model of your recoverable duties plus statutory interest under 19 U.S.C. § 1505 — delivered in a CFO-ready report with timeline scenarios.
We track the Federal Circuit appeal, Phase 2 and Phase 3 rollout, and CBP compliance deadlines so you always know your exact refund status.
Guidance for DDP foreign manufacturers and non-resident importers navigating CBP ACE registration, ACH enrollment, and Form 4811 authorization.
We connect you with licensed customs brokers and help structure bridge financing against expected refunds for importers with significant cash-flow exposure.
CAPE Phase 2 has opened the door to reconciliation entries — but filing order can close it. TariffIQ™ identifies your exact position — Phase 2-eligible, CIT-required, or protest-track — and tells you what to do next. Free. No obligation.
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