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The IEEPA 180-Day Protest Deadline: What Happens If You Miss It

Once an IEEPA entry liquidates, 19 U.S.C. §1514 gives you exactly 180 days to file a protest. Miss it, and your only remaining option is Court of International Trade litigation — a longer, costlier path. Here's how the clock actually works.

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180
Days from liquidation date
314
Typical days to liquidation
2 yr
CIT statute of limitations
~3,700
Companies currently covered by CIT reliquidation order

How the 180-day clock actually starts

The clock doesn't start when you paid the duty — it starts on the date of liquidation, the date CBP finalizes an entry. Entries typically liquidate around 314 days after the original entry date, though this varies. Once liquidated, you have 180 days under 19 U.S.C. §1514 to file a formal protest challenging the IEEPA duty assessment.

Why protests alone may not be enough: In its December 2025 AGS Co. v. CBP ruling, the Court of International Trade found IEEPA tariff collection to be "ministerial," meaning CBP has limited discretion to grant a protest on this basis alone. Many trade attorneys now recommend pairing a protest with a parallel CIT filing as a backstop.
One caveat on "missing the window": A class certification motion is currently pending at the CIT that could unlock refunds for importers outside an individual court case, without requiring their own lawsuit. The government is opposing it, and its outcome isn't decided. If it succeeds, importers who missed an individual filing may still have a path — but that isn't guaranteed, and it isn't a reason to delay filing your own protest or CIT case in the meantime.

Key dates by tariff wave

Tariff waveEffective dateEst. 2-yr CIT deadline
China fentanyl tariffsFebruary 4, 2025~February 7, 2027
Canada / Mexico fentanyl tariffsMarch 4, 2025~March 4, 2027
Reciprocal tariffs (EU, Japan, Vietnam, 60+ countries)April 2025~April 7, 2027

These are the outer CIT litigation deadlines under 28 U.S.C. §1581(i). Your entry-specific 180-day protest deadline is separate and depends on your individual liquidation date — it can arrive years earlier than these outside dates.

What to do before your window closes

Pull your liquidation dates

Your ES-003 Entry Summary Details report from ACE shows the liquidation date for every entry — this is the single most important number for calculating your deadline.

Flag anything liquidated in the last 6 months

If liquidation happened recently, you're likely still inside your 180-day window — but the closer you are to the edge, the less time your broker or counsel has to prepare a complete protest.

Decide: protest, CIT, or both

Given the CIT's "ministerial" finding, a protest-only strategy carries risk. Many importers file a protest to preserve the administrative record while also evaluating a CIT filing with trade counsel.

Don't wait on CAPE alone

CAPE covers unliquidated entries and those within 80 days of liquidation — not entries already past their 180-day protest deadline. If you're outside CAPE's scope, the protest/CIT track is your only path.

Frequently asked questions

What happens if I miss the 180-day protest deadline?

Once the 180-day window closes without a protest filed, your remaining option is litigation at the Court of International Trade under 28 U.S.C. §1581(i), subject to its own 2-year statute of limitations. Missing both windows generally forecloses recovery.

Is the 180-day deadline the same for every entry?

No — it's calculated individually from each entry's own liquidation date, not from a single fixed calendar date. This is why entry-by-entry tracking matters more than watching a single "deadline" in the news.

Can I file a protest without a lawyer?

Protests are commonly filed by customs brokers on an importer's behalf. Given the CIT's ministerial-action finding, though, many importers now involve trade counsel to evaluate a parallel CIT filing rather than relying on a protest alone.

Does interest keep accruing while I wait to file?

Yes. Under 19 U.S.C. §1505(c), CBP owes statutory interest on excess duties from the date of deposit until refund, currently accruing at roughly 6–7% annually. Interest doesn't stop the deadline clock, though — both run independently.

Find your exact protest deadline before it closes

TariffIQ™ maps every entry's liquidation date against its 180-day window and flags what needs action first.

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