7/15/26 — Next CAPE Phase Will Target Finally Liquidated Entries in CIT Cases, CBP Says

CBP is developing the next phase of its Consolidated Administration and Processing of Entries (CAPE) platform to handle entries filed on behalf of plaintiffs whose Court of International Trade cases have reached final liquidation, CBP's Elena Ryan said during a July 15 webinar. Ryan said CBP is also examining other entry types that are not currently eligible for CAPE refunds.

CBP launched CAPE phase two on June 29 for entries flagged for reconciliation, provided the reconciliation entry was not already on file. CBP has not confirmed a timeline for phase three, though CBP's Susan Thomas previously told the CIT that phase-three development would be ready at the end of July.

CBP's Daniel Collier encouraged importers to run reports and track their entries, including through the CAPE Entry Summary Report (ES-022), which shows the principal and interest refund amounts that may be payable to the importer.

In a separate Flexport webinar on July 15, Senior Trade Advisory Associate Calum Coulter noted CBP's position that it is required to issue refunds on finally liquidated entries only where a specific court order exists, while observing that Judge Richard Eaton has been clear he does not want to manage individual cases. Coulter added that filing a lawsuit is not necessary to obtain a refund at this stage, because a two-year statute of limitations runs from the date of the challenged action — a mark he placed at around February 2027. As he put it, the matter is not terribly urgent yet.

In a companion development, Judge Eaton's July 15 order in Euro-Notions Florida, Inc. v. United States (CIT No. 25-00595) states that, in connection with the anticipated launch of CAPE phase three, the court will enter a reliquidation order — with a procedure to be set out in that order — in each of the approximately 3,700 IEEPA cases assigned to the court. The order follows the July 14 closed settlement conference and the July 13 Declaration of Brandon Lord (ECF No. 45), which reported roughly $121.75 billion in potential and certified refunds accepted for processing in CAPE and approximately $86.3 billion in refunds (duties plus interest) sent to Treasury for disbursement. The order notes that 9,837 refunds have not been transmitted to Treasury because the importer of record or its designee has not provided ACH account information, and it urges filers to supply it. The court indicated it will lift the stay in Freestyle World, Inc. v. United States (CIT No. 26-01088), where a class-certification motion is pending, once Euro-Notions voluntarily dismisses. A government CAPE progress report is due by 5:00 p.m. EDT on August 4, 2026, and a closed settlement conference is set for August 5, 2026, at 2:00 p.m. EDT before Judge Eaton.