Do I need a customs broker for a tariff refund?
Quick answer
Yes. Federal law (19 U.S.C. § 1641) requires a CBP-licensed customs broker to file CAPE declarations. Tariffi is a data-preparation platform, not a broker — we prepare your declaration data and route it to a licensed broker partner who reviews, approves, and transmits under their own ABI filer code at no extra cost to you.
Detailed Answer
A CBP-licensed customs broker is legally required to file CAPE declarations with CBP. Here is how that works with Tariffi and why it matters.
The legal requirement. Under 19 U.S.C. § 1641, only a licensed customs broker may transact customs business on behalf of an importer. Filing a CAPE declaration — or any CBP protest — constitutes customs business. Platforms that file directly without a broker license face a $10,000 per-transaction federal penalty.
How Tariffi handles this. Tariffi is a data-preparation platform, not a customs broker. Our architecture is designed to comply with § 1641 and is modeled on the partnership structure described in CBP Ruling HQ H326926:
- Tariffi prepares the data. We parse your ES-003, identify qualifying entries, calculate recovery estimates, and format the CAPE declaration CSV.
- The broker partner reviews. A CBP-licensed customs broker reviews the prepared data, applies professional judgment (including 10-digit HTSUS statistical-suffix determinations per CBP Ruling HQ H350722), and approves the filing.
- The broker files. The broker transmits the CAPE declaration via their own ABI filer code through the ACE portal. They are the Filer of Record on every filing.
Do I need my own broker? No. Tariffi partners with licensed customs brokers who handle the filing. You sign a Limited Power of Attorney (LPOA) directly with the broker partner during intake — a standard document that authorizes them to act on your behalf for CAPE filings specifically.
Is there an extra broker fee? No. The broker partner receives a flat per-filing filer integration fee per 19 CFR § 111.36(b), which Tariffi pays out of its own contingency revenue. You pay one all-in contingency fee to Tariffi — never a separate broker invoice, never a percentage split.
What if I already have a broker? Your existing broker relationship is not affected. The LPOA with Tariffi's broker partner covers CAPE filings only. If your current broker wants to participate, they can apply at tariffi.io/broker.
Related Questions
How do I get a tariff refund?
Upload your ACE ES-003 entry-summary CSV to Tariffi. Our platform analyzes your entries for IEEPA overpayments (recovered through CAPE) and Section 301 overpayments (recovered separately via USTR exclusions), prepares the filing data, and routes it to a CBP-licensed customs broker partner who files under their own license. No advance fees — you pay a contingency only when CBP approves your refund.
Can I file a CAPE declaration myself?
Technically yes, if you have ACE portal access and a licensed customs broker willing to file. However, preparing the declaration data requires cross-referencing entry-level HTS codes against the CAPE-eligible tariff schedule, calculating duty differentials, and formatting to CBP's specifications. Tariffi automates this and includes broker filing at no extra cost.
How much does Tariffi charge?
Tariffi charges a contingency-only fee with three tiers: 10% on unliquidated entries (or entries liquidated within 80 days of engagement), 15% on entries liquidated 80–180 days ago, and 18% on finally liquidated entries requiring CIT protective filing. No retainer, no advance fees, no deposits. If CBP denies your claim, you owe nothing on the denied portion.
What is the CAPE program?
CAPE (Consolidated Administration and Processing of Entries) is CBP's electronic program for processing IEEPA tariff refund declarations. Importers who overpaid IEEPA tariffs submit CAPE declarations through the ACE portal. (Section 301 duties are not refundable through CAPE — that is a separate USTR-exclusion path.) Tariffi automates the data preparation; your licensed customs broker partner transmits the declaration under their ABI filer code.
Need help?
Upload your ES-003 to see how much you could recover, or talk to our team.