What happens if CBP denies my claim?
Quick answer
If CBP denies any entry in your CAPE declaration, you owe nothing on the denied portion. Your broker partner (Filer of Record) responds to any CBP Form 28 or Form 29 within the scope of the LPOA at no additional charge. For entries worth contesting, the broker may file a further protest or recommend CIT action.
Detailed Answer
CBP denial is a risk in any tariff refund process, but Tariffi's contingency structure ensures you never pay for a failed claim.
You owe $0 on denied entries. This is the core of contingency-only pricing. If CBP denies an entry — whether for substantive reasons or documentation gaps — Tariffi's fee on that entry is zero. No partial charges, no "processing fees" for denied claims, no hidden costs.
What happens procedurally:
- CBP issues a Form 29 (Notice of Action) explaining the denial reason for specific entries.
- Your broker partner responds. As Filer of Record under the LPOA, the broker reviews the denial, gathers any additional information needed, and responds to CBP within the prescribed timeframe. This is included in Tariffi's service — no additional charge.
- Possible outcomes: CBP may reverse the denial after receiving additional information, partially allow the claim, or sustain the denial.
- For sustained denials worth contesting: The broker may recommend further protest or CIT filing. CIT action is at your discretion — Tariffi will advise on the cost-benefit based on the entry amounts involved.
Common denial reasons in CAPE Phase 1:
- "Unable to calculate duty" — usually a data formatting issue that can be corrected and refiled
- Drawback conflict — another party has already filed a drawback claim on the same entry
- PSC (Post-Summary Correction) incomplete — the entry needs additional corrections before the refund can be processed
- Entry outside the lookback window — the entry predates the CAPE Phase 1 eligible period
Pre-filing quality control. Tariffi's analysis engine and the broker's review process are designed to catch most denial triggers before filing. The ~97.8% CAPE Phase 1 pass rate reflects industry-wide results — not a guarantee, but an indicator of the program's straightforward requirements.
Full liability terms are in our Terms of Service.
Related Questions
How much does Tariffi charge?
Tariffi charges a contingency-only fee with three tiers: 10% on unliquidated entries, 15% on recently liquidated entries (within 180 days), and 25% on entries requiring CIT protective filing. No retainer, no advance fees, no deposits. If CBP denies your claim, you owe nothing on the denied portion.
Are there any upfront fees?
No. Tariffi charges zero advance fees, zero retainers, and zero deposits. You pay only a contingency fee when CBP approves your refund and Treasury sends the money. This is not just a policy — it is a legal requirement under 16 CFR § 310.4(a)(2), the federal Telemarketing Sales Rule.
How long does a tariff refund take?
Refund timing is governed by federal statute, not by Tariffi. CBP has up to two years to decide a protest under 19 U.S.C. § 1515, though most CAPE Phase 1 claims process faster. After CBP allows your claim, Treasury ACHs the refund within 3-5 business days. CIT filings for older entries add court calendar time.
Do I need a customs broker for a tariff refund?
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.
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