What is CAPE Phase 3?
Quick answer
CAPE Phase 3 is the expected final phase of CBP's IEEPA refund program, covering finally liquidated entries — approximately $11.4 billion in duties. CBP has indicated late July 2026, but the scope is contested: DOJ is appealing the CIT's universal-refund order, and Phase 3 could be narrowed. A § 1514 protest within 180 days of liquidation is the protective path.
Detailed Answer
CAPE Phase 3 is the anticipated final expansion of CBP's IEEPA refund program.
Scope. Phase 3 is slated to cover entries that have been finally liquidated — entries whose duty determination CBP has finalized and whose ordinary correction windows have run. CBP has indicated this population represents approximately $11.4 billion in IEEPA duties, the smallest of the three phases (compare roughly $28.7 billion in Phase 2 reconciliation-flagged entries and $94.9 billion accepted into CAPE overall per CBP's June 2026 court filing).
Timing. CBP has signaled late July 2026, but no launch CSMS has issued as of this writing. Treat the date as expected, not guaranteed.
The litigation caveat — read this before waiting. Phase 3's scope is contested. The Court of International Trade ordered universal refunds of the invalidated IEEPA duties, but the Department of Justice is appealing that order at the Federal Circuit. Depending on the outcome, Phase 3 could be narrowed — for example, to importers who filed their own CIT suits — rather than covering every affected importer automatically.
The protective move. For any finally liquidated entry still inside its 180-day window, file a protest under 19 U.S.C. § 1514. A timely protest preserves your claim regardless of how the appeal resolves — if Phase 3 opens broadly, the entries ride the CAPE path; if it narrows, the protest keeps your recovery alive. Tariffi tracks both clocks for every liquidated entry in your portfolio: the 180-day protest deadline and Phase 3 eligibility as CBP defines it.
What to do now:
- Upload your ES-003 at tariffi.io/intake/start so liquidation dates are mapped per entry.
- File Phase 1/Phase 2-eligible entries immediately — do not hold them for Phase 3.
- Protect finally liquidated entries with timely § 1514 protests where the window is still open.
See also: my CAPE declaration was rejected because the entry is finally liquidated.
Related Questions
My CAPE declaration was rejected because the entry is finally liquidated. What now?
You have two parallel paths. First, if the entry liquidated within the last 180 days, file a protest under 19 U.S.C. § 1514 now — that preserves the claim no matter what. Second, CAPE Phase 3 (expected late July 2026) is slated to cover finally liquidated entries, though its scope is contested in the government's Federal Circuit appeal. Tariffi tracks both clocks per entry.
What are CAPE Phase 2 reconciliation entries?
CAPE Phase 2, live since June 29, 2026 (CSMS #68340863), covers entries flagged for reconciliation: consumption entries (types 01, 02, and 06) that carry a reconciliation flag but have no filed Type 09 reconciliation entry. CBP estimates roughly 2.8 million such entries, representing about $28.7 billion in IEEPA duties, are now declarable through CAPE.
What does 'liquidation' mean for customs entries?
Liquidation is CBP's final determination of the duties, taxes, and fees owed on a customs entry. Once an entry is liquidated, the 180-day protest window starts. Unliquidated entries get the lowest Tariffi fee tier (10%), recently liquidated entries are 15%, and entries liquidated beyond 180 days require CIT filing at 18%.
What is the deadline for CAPE Phase 1?
CAPE Phase 1 does not have a single batch deadline. Each entry has its own 180-day protest window per 19 CFR § 174.12 starting from the liquidation date. Entries that have already passed this window may still qualify through a protective CIT filing. File sooner to capture more entries before their individual windows close.
Need help?
Upload your ES-003 to see how much you could recover, or talk to our team.