UPDATE: IEEPA TARIFF REFUND FOR ENTRIES OVER 80 DAYS PAST LIQUIDATION
U.S. Customs and Border Protection (CBP) will implement CAPE Phase 3 by the end of July, which is designed to allow certain liquidated entries to be reliquidated and potentially qualify for duty refunds.
The action follows developments in the ongoing IEEPA-related litigation. On July 15, U.S. Court of International Trade (CIT) Judge Richard Eaton stated that “the order will be entered in each of the approximately 3,700 IEEPA cases assigned to the court,” broadening the impact of the court’s directive across the pending cases.
CBP also reported that approximately 9,837 refunds have not yet been transmitted to the U.S. Treasury for payment because the Importer of Record (IOR) has not established the required Automated Clearing House (ACH) banking information and/or an ACE Portal account. Importers are encouraged to ensure that both are properly set up to avoid delays in receiving refunds.
CBP is expected to provide its next status and progress report on August 4, including updates on reliquidation activity and refund processing.
In light of these developments, Flegenheimer advises importers to consult with a qualified trade attorney to determine whether filing a lawsuit may be necessary to preserve their rights to obtain refunds, particularly for entries that have been liquidated for more than 80 days. Legal counsel can help assess eligibility, applicable deadlines, and the best course of action based on each importer’s specific circumstances.
Flegenheimer International will continue to monitor and provide trade updates.
Resources:
File a Lawsuit Now to Secure IEEPA Tariff Refunds on Liquidated Entries
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