Marquee Background
Marquee Background

Offit Kurman Blogs

Commercial Litigation

Developments in IEEPA Refund Process: CAPE Portal Now Live

April 21, 2026

By Janine M. Campanaro

Developments in IEEPA Refund Process: CAPE Portal Now Live

This is an update to our previously published article, "Developments in IEEPA Refund Litigation" posted April 15, 2026.


U.S. Customs and Border Protection (“CBP”) has taken a significant step forward in implementing a formal refund process for duties imposed under the International Emergency Economic Powers Act (“IEEPA”). With the launch of Phase 1 of the Consolidated Administration and Processing of Entries (“CAPE”) portal within ACE, importers now have an operational mechanism to begin submitting refund claims.

While this development signals meaningful progress, eligibility is currently limited, and importers must continue to take proactive steps to preserve their rights.

CBP Update: CAPE portal Now Open (Phase 1)

At present, CAPE filings are limited to:

  • Unliquidated entries
  • Entries within 80 days of liquidation

Entries outside of this scope will be rejected under current validation rules, and CBP has not yet provided guidance on when additional categories of entries will become eligible under future phases.

The CAPE system allows for:

  • Submission of multiple entry numbers in a single claim
  • Automated validation of entry eligibility
  • Batch processing of refund claims (currently up to 10,000 entries per form)

Based on initial use, the system is generally intuitive and efficient when claims are properly vetted. While some minor system delays have been observed, likely due to high user volume, the submission process itself has proven to be relatively seamless.

CIT Update: Continued Importance of Protest Rights

As discussed in our prior update, the Court of International Trade (“CIT”) has emphasized the continued importance of administrative remedies.

Specifically:

  • CBP has been directed to address:
    • Unliquidated entries; and
    • Entries not yet final
  • The CIT has highlighted that importers “should be aware” of protest rights under 19 U.S.C. § 1514

This remains a critical point. While CAPE provides a new refund pathway, it does not eliminate the need to file protests where applicable.

Entries outside the CAPE eligibility window, particularly those more than 80 days post-liquidation, must still be addressed through traditional protest procedures. However, it was made clear that any entry that currently has a pending protest is NOT available to submit a declaration through CAPE, which seems to create hesitation with filing protective protests. Either way, importers and their representatives need to be assessing the risk and planning of action. Inaction could prove costly.

Key Takeaways for Importers

Categorize Entries Immediately
Importers should identify and classify entries into:

  • Unliquidated entries (currently CAPE eligible)
  • Entries ≤ 80 days post-liquidation (currently CAPE eligible)
  • Entries within 180-day protest window (protective protest eligible)
  • Entries beyond 180 days (potential risk, but addressed by CIT order)

CAPE Eligibility is Limited
Phase 1 is restricted, and CBP has not yet announced timing for broader “Phase 2” eligibility. Importers should not delay action in anticipation of expanded access.

Protests Remain a Safeguard
The CIT has not resolved whether refunds will be available for entries that are final and beyond the protest period. Filing a protest remains a prudent “belt and suspenders” approach where timing permits.

Prepare Claims Carefully Before Submission to Avoid Validation Errors

CAPE validations are strict. Entries will be rejected if they:

  • Fall outside eligibility windows
  • Do not contain qualifying IEEPA HTS provisions
  • Are not properly associated with the importer account

Looking Ahead

CBP’s CAPE portal represents a meaningful advancement in processing IEEPA refund claims, but the current framework remains incomplete.

Importers should prioritize:

  • Immediate identification of affected entries
  • Submission of CAPE claims for eligible entries
  • Preservation of protest rights where applicable

At this time, there is no indication when additional CAPE filing phases will be implemented, and uncertainty remains for entries outside the current eligibility parameters.

Resources

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Events
    RE+ Mid-Atlantic Opportunities: Market Trends and Business Development Tips
    RE+ Mid-Atlantic is where developers, financiers, investors, project buyers, utilities, and technology providers come together to evaluate opportunities, advance transactions, and build relationships that move clean energy projects forward. Whether you're looking to secure financing, identify partners, position projects for sale, or expand your network, the conversations you have at RE+ Mid-Atlantic can have a lasting impact on your business. Join this exclusive webinar, hosted by Offit | Kurman, to preview key topics that will be explored during the event and learn practical strategies for preparing for productive business conversations. By the end of this webinar, attendees will be better equipped to: Discuss emerging trends and opportunities in the regional solar and storage landscape. Learn how to communicate project readiness, regulatory strategy, and development milestones to build investor and buyer confidence. Understand strategies for reducing perceived project risk and strengthening financing conversations. Maximize meetings and networking opportunities at RE+ Mid-Atlantic to advance partnerships, financing, and project sale discussions. Whether you're a developer, investor, project buyer, or business development professional, this webinar will help you arrive at RE+ Mid-Atlantic with the knowledge, messaging, and strategy needed to turn conference conversations into meaningful business opportunities. Speakers: Lindsay Cherry  Director of Regulatory, NineDot Energy Lindsay Cherry is the Director of Regulatory Affairs at NineDot Energy, where she leads efforts at the intersection of clean energy policy, regulation, and distributed energy development. With a background in energy policy and public affairs, Lindsay works closely with regulators, policymakers, and industry stakeholders to advance innovative energy solutions and support the transition to a more resilient and sustainable power grid. She holds a master's degree from Columbia University’s School of International and Public Affairs (SIPA). Matthew Karmel, Esq. Principal, Offit Kurman Matthew Karmel is the Practice Group Leader of Offit Kurman’s Environmental & Sustainability Law Group. He advises businesses, developers, and property owners on environmental compliance, site remediation, renewable energy, sustainability, and environmental risk management. In the renewable energy industry specifically, Matthew leads a national team that handles mergers and acquisitions, site control, land use, permitting, financing, and more.  A recognized leader in the field, Matthew, is a frequent speaker and author on environmental and sustainability issues and serves on the boards of several industry organizations, including the Mid-Atlantic Solar Storage Industries Association. David Murray Director of Business Development, Turning Point Energy David Murray is the Director of Business Development at TurningPoint Energy, where he leads business development efforts in Maryland and emerging markets. With more than 15 years of experience in clean energy and environmental policy, David has held leadership roles with the Chesapeake Solar & Storage Association and the American Clean Power Association, advancing solar energy, land use, and community engagement initiatives. He holds a B.A. in Public Policy from the University of North Carolina at Chapel Hill and an M.A. in Renewable Energy & Development from the University of Cape Town and currently serves on the boards of the Chesapeake Solar & Storage Association and Wallace Centers of Iowa. Alec Ward Senior Director of Regulatory Affairs, SEIA Alec Ward is Senior Director of Regulatory Affairs at the Solar Energy Industries Association (SEIA), where he represents the solar and energy storage industry before federal agencies on key energy policy issues. He brings extensive experience in clean energy, regulatory affairs, and public policy, having previously led legislative and federal affairs efforts at Ava Community Energy, served at the California Public Utilities Commission, and worked on federal conservation and climate policy initiatives with The Nature Conservancy and congressional campaigns. Alec holds degrees from the University of Virginia and Johns Hopkins University and is based in Richmond, Virginia.