8/25/26 — CBP Reports $106.6 Billion Sent to Treasury and Explains the CAPE Phase 3 Delay; Stranded Refunds Climb to $1.7 Billion

On August 25, 2026, Brandon Lord, Executive Director of CBP’s Trade Programs Directorate, filed his declaration in the new lead case, Freestyle World, Inc. v. United States (CIT No. 26-01088), in response to Judge Eaton’s August 5 order.

On Phase 3, Lord explains that the delay on the release date exists because the agency is building new validations to ensure that no duty adjustments other than the IEEPA refunds are made to refunds on finally liquidated entries. In Lord’s words, this is to account for certain improper reportings of IEEPA duties on original entries. No opening date was offered. Meanwhile, Phases 1 and 2 are unaffected and are still operational.

Approximately $132.5 billion in potential and certified refunds has been accepted for processing in CAPE. Of that, roughly $106.6 billion in duties plus interest has been completed.

Stranded refunds continue to accumulate. Now in August, approximately $1.7 billion (for almost 10,000 importers) has not transmitted to Treasury simply because the importer of record, (or its authorized CBP Form 4811 designee), failed to add banking information into ACE.