⚠️ PHASE ELIGIBILITY

The 80-Day Liquidation Window: Why It Decides Which CAPE Phase Covers Your Entry

CAPE Phase 1 and Phase 2 both hinge on the same rule: is your entry unliquidated, or liquidated within the last 80 days? Get this number wrong and you may think you're covered when you're not — or miss a window you still had time to use.

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80
Days from liquidation, Phase 1 & 2 cutoff
314
Typical days from entry to liquidation
~May 31, '25
Entries liquidated before this already exceed the window
180
Days to protest once outside the window

What the 80-day window actually gates

Both CAPE Phase 1 (general entries) and CAPE Phase 2 (reconciliation-flagged entries) share the same eligibility boundary: an entry qualifies if it's unliquidated, or if it liquidated within the last 80 days. Once an entry passes that 80-day mark without a CAPE Declaration filed, it drops out of CAPE entirely and moves to the slower protest track under 19 U.S.C. §1514, or eventually CIT litigation if the protest window also closes.

The math that catches people off guard: Entries liquidated before roughly May 31, 2025 have already aged past the 80-day CAPE window as of the current rollout — regardless of when CAPE itself launched (April 20, 2026). The 80-day clock runs from each entry's own liquidation date, not from CAPE's launch date, so entries from earlier in the IEEPA period may already be outside CAPE's scope even though they were never able to use it while it was closed.

Where your entry likely stands

Entry statusPath
UnliquidatedCAPE Phase 1 (or Post-Summary Correction, if faster)
Liquidated within the last 80 daysCAPE Phase 1 or 2 (Phase 2 if reconciliation-flagged, no Type 09 filed)
Liquidated more than 80 days ago, within 180 daysFormal CBP protest (19 U.S.C. §1514)
Finally liquidated (180+ days, protest window closed)CIT litigation (CIT-case-only track, Phase 3)

How to check your own entries against the window

Pull your ES-003 report

This report from ACE shows the liquidation date for every entry — the single number that determines everything else here.

Subtract from today's date

If it's been 80 days or fewer since liquidation, CAPE Phase 1 or 2 likely still applies. If it's been longer, you're already on the protest track.

Check for reconciliation flags

If your entry is reconciliation-flagged (types 01, 02, or 06) and no Type 09 has been filed yet, Phase 2 may apply even for entries at the edge of the window — but filing Type 09 first removes that option.

Don't wait to find out

The 80-day window doesn't pause for anything. Entries approaching the edge need action now, not after your other filings are handled.

Frequently asked questions

Is the 80-day window the same as the 180-day protest deadline?

No — they're sequential, not the same thing. The 80-day window determines CAPE eligibility. If you miss it, the separate 180-day protest window (measured from the same liquidation date) is your next option.

Why would entries liquidated before CAPE even launched already be outside the window?

Because the 80-day count runs from each entry's own liquidation date, not from CAPE's launch date. An entry that liquidated in early 2025 aged past 80 days long before CAPE existed — it just means CAPE isn't the mechanism for that entry; the protest or CIT track is.

Does the 80-day window apply to Phase 3 too?

No. Phase 3 covers finally liquidated entries specifically (well past the 80-day and typically the 180-day marks) and is limited to importers with an individual CIT case filed.

Can I still act if I'm not sure exactly when an entry liquidated?

Yes — your ES-003 Entry Summary Details report from ACE shows the exact liquidation date for every entry, so you don't have to estimate.

Find out which side of the window your entries are on

TariffIQ™ checks every entry's liquidation date against the 80-day CAPE window and the 180-day protest deadline — free, in minutes.

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