7/15/26 — CIT Confirms CAPE Phase 3 IEEPA Refunds Across 3,700 Cases

On July 15, 2026, Judge Richard K. Eaton of the U.S. Court of International Trade issued an order in Euro-Notions Florida, Inc. v. United States, Court No. 25-00595, confirming how CBP's CAPE program will handle the next phase of IEEPA tariff refunds. At a July 14 closed conference, the Court reviewed CBP's latest figures: roughly $121.75 billion in potential and certified CAPE refunds accepted for processing, and about $86.3 billion in duty and interest refunds already transmitted to Treasury.

The order announces CAPE "Phase 3," which will reliquidate IEEPA entries that have already been finally liquidated. Judge Eaton states the Court will enter an order that directs Customs to reliquidate certain finally liquidated entries under a procedure to be set out in a forthcoming order. Critically, the same Phase 3 reliquidation order will be entered in each of the approximately 3,700 IEEPA cases assigned to the court, meaning CBP will be required to issue Phase 3 IEEPA refunds across the entire litigation docket.

The Court also flagged a practical bottleneck: at least 9,837 approved CAPE refunds have not reached Treasury because the importer or its designee has not provided ACH account information. Current CAPE participants should confirm CBP has their correct ACH banking details so refunds can be disbursed.

What this means for importers: If your company already has a CAPE declaration on file in one of the roughly 3,700 IEEPA cases, CBP will be ordered to reliquidate your eligible finally liquidated entries and issue refunds of duties plus interest under Phase 3—so confirm your ACH information is current. If your company has not yet filed, there is still a path: because the Court will enter the Phase 3 order in each IEEPA case on its docket, companies can still access Phase 3 by filing their own IEEPA refund litigation in the CIT.