CBP filed its status report early today, March 31, in Atmus Filtration to the CIT. It’s an important one.

Here are some key points regarding what Consolidated Administration and Processing of Entries (CAPE) “Phase 1” will and won’t be doing:

•  CAPE Phase 1 will be limited to entries that “are either unliquidated or for which the 90-day voluntary reliquidation period under 19 U.S.C. § 1501 has not expired,” despite Judge Eaton’s latest amended order extending relief to finally liquidated entries. However, CBP says that it “intends to expand CAPE to process finally liquidated entries in a subsequent phase of development.”

•  CAPE Phase 1 will accept entries where the liquidation status is “Suspended,” “Extended,” or “Under Review,” as well as warehouse and warehouse withdrawal entries, but in these instances, refunds will be provided in the normal course upon liquidation, rather than immediately. This includes entries subject to AD/CVD.

• The following categories of entries will not be accepted for CAPE Phase 1: entries flagged for reconciliation; entries designated on a drawback claim; entries covered by an open protest; entries not filed in ACE/entries without a liquidation status in ACE; entries subject to AD/CVD for which Commerce has issued liquidation instructions that are pending liquidation under 19 U.S.C. § 1504(d).

• “CBP will take up to 45 days from its acceptance of a CAPE Declaration to review and liquidate the validated entry summaries identified on the CAPE Declaration, unless there is a compliance concern necessitating further review.”

For subsequent phases of CAPE, CBP says it expects to develop the following functionalities, among others: “Enhanced tools and validations to ensure compliance”; “Tools to further streamline revenue enforcement in situations in which there is an outstanding bill for non-IEEPA duties associated with an entry included on a CAPE Declaration”; “The capability to process entries for which liquidation is final”; and “The capability to process non-[ABI] entries where no entry summary lines exist.”

A few key takeaways. First, none of this changes our advice to continue protesting and consider filing a refund suit. Nothing in the status update addresses the protestability issue or whether suit is required. And although entries with an open protest won’t be covered in Phase 1, neither will finally liquidated entries. It is unclear whether importers can withdraw their protests and expect to be able to take part in CAPE Phase 1.

Second, this update suggests that importers should wait until after the 90-day voluntary reliquidation window to protest, just in case CAPE comes out in time for CBP to process these entries. CBP claims that if there’s at least 10 days left on the 90-day voluntary reliquidation clock, it can process them in time. However, waiting to file can mean missing timely protests altogether.

And third, CBP’s status update makes clear that it will be spot-checking entries for compliance issues and seeking offset on refunds. Again, another reason for clients to make sure that their entries are in order and that they have supporting documentation for their classification, value, COO, etc.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will continue to monitor the CIT and CBP actions related to the IEEPA refunds and provide updates to our members, as available.

We wanted to provide the documentational instructions that CBP has provided.  There are 6 publications, but we have provided them via the singular media link (here).  ACE ACH REFUND instructions from CBP

We hope this helps shine some instructional light on this important situation.

——————————————————–  Early posting follows:

CBP’s (message) CSMS 67305746 announced that beginning February 5, 2026, in order for Importers to Receive Refunds they must be set up for Electronic Refunds.  NO PAPER CHECKS WILL BE ISSUED.

It now appears that all importers anticipating or expecting duty refunds for whatever reasons including the potential IEEPA duty refunds, scheduled to be ruled upon by the Supreme Courts (soon), must set up an ACE Portal account including the tab for ACH refunds, complete with the importers ACH bank information.  Please see the attached document for further instructions and directions.

CSMS 67305746

CBP is hosting a call on Jan 28 and Feb 11 to provide more information.  Interested parties can attend the conference calls scheduled for January 28th, and February 11th via Microsoft Teams

To summarize, many countries have differing tariff rates according to Annex I in the Executive Order. Any country not listed in Annex I will continue with the 10% tariff as before.

Goods from the European Union (EU) will have it a little differently. If a good has a general duty rate of under 15%, then the Reciprocal Duty rate will equate to 15%. If a good has a general duty equal to or greater than 15%, then that rate will apply and the Reciprocal Duty rate will be 0%.

Goods determined by US Customs to have been transshipped to evade applicable duties will be subject to an additional 40% in lieu of the Reciprocal Duty rate. This does not include any other applicable fines or penalties. US Customs is not allowing for mitigation or remission of penalties for goods found to have been transshipped.

As is usual, this situation is fluid and is subject to change with little warning. Also, the US is in negotiations with various countries, and their Reciprocal Duty rate may change.

The Commerce Department’s Bureau of Industry and Security (BIS) in a Federal Register notice today said it will include new steel derivatives involving household appliances under the Section 232 50% tariffs, effective 12:01 a.m. ET on June 23. In the notice, BIS specifically revises Annex 1 to add the following additional steel derivative products:

(1) combined refrigerator-freezers under HTSUS subheading 8418.10.00

(2) small and large dryers under HTSUS subheadings 8451.21.00 and 8451.29.00

(3) washing machines under HTSUS subheadings 8450.11.00 and 8450.20.00

(4) dishwashers under HTSUS subheading 8422.11.00

(5) chest and upright freezers under HTSUS subheadings 8418.30.00 and 8418.40.00

(6) cooking stoves, ranges, and ovens under HTSUS subheading 8516.60.40

(7) food waste disposals under HTSUS subheading 8509.80.20

(8) welded wire rack under statistical reporting number 9403.99.9020

 The tariff imposed under Proclamation 10896 will be assessed on these derivative products for the value of the steel content in each product. All other tariff codes for steel and steel derivative products in Annex 1 remain unchanged, BIS said.  “Note that products classified under statistical reporting number 9403.99.9020 continue to be subject to tariffs under Proclamation 10895 as derivative products of aluminum for their aluminum content,” BIS said in the notice.

Here is the link posting:

2025-11067 Home Appliances added to Steel Derivates List of Commodities

Regards / Steve Sanders

Please review the attached Information Notice and take care in your ACE e-manifesting processes.

BFO Info Notice 2024-001 Electronic Information Discrepancies

Thanks / Steve Sanders – Sanders Brokerage Services

US Customs and Border Protection (CBP)- Blaine Port of Entry has announced that they will begin to enforce the correct piece count and time of filing requirements for eManifests. The quantity on the eManifest must be the smallest external packaging units (i.e. cartons, bundles, etc). They will no longer accept the number of pallets as a valid piece count. Also, 1 truckload will not count as well. If you have a shipment in bulk, then use  the weight in kilograms or pounds (we convert the weight from pounds to kilograms when we transmit the entry).

Further, CBP will also adhere to the requirement that the eManifest must be filed at least 1 hour in advance of the arrival of the conveyance at the border. If the carrier is CTPAT/FAST approved, then the deadline is 30 minutes prior to arrival.

CBP will begin to take the following enforcement actions:

1. Refusal of admission. CBP will issue a notice of Direct Export and the truck will be sent back into Canada.
2. Penalties will be issued to carriers for violations. The penalty will be issued to whichever party filed the eManifest.

In an effort to comply with these requirements, Sanders Brokerage Services LLC will use the correct piece count in our entries. If both pieces and pallet counts are provided, we will use the piece count. If the piece count is not provided by the carrier, we will then use the product quantity off the commercial invoice.

Please contact us at orders@sandersbrokerage.us, or by phone at 360-332-1778, if you have any questions.

UPDATED JOINT CBP AND CBSA EMERGENCY PROTOCOLS IN RESPONSE TO FLOOD SITUATION IN BRITISH COLUMBIA Communique updated 12082021

Steve Sanders / Sanders Brokerage Services

On Oct. 1, customs brokers will see new tariff flags for USDA’s Animal and Plant Health Inspection Service (APHIS) Lacey, requiring transmission of a Lacey Act declaration or a valid disclaim for products classified in these tariff categories.

The product categories include new wooden pallets, containers or packaging that are NOT under load, some essential oils, additional musical instruments, oriented strand board, bi-pods and tripods, and trunks, cases, and suitcases. The specific HTS numbers are listed below.

NCBFAA Regulatory Agencies Committee (RAC) Chair Mike Lahar of A.N. Deringer participated last week in a timely and informative webinar sponsored by the National Wooden Pallet and Container Association (NWPCA) on the APHIS Lacey requirements. He was joined by Karen Williams, Compliance Specialist at APHIS. The focus of the webinar was on pallets and both speakers emphasized that the declaration requirement does not apply to pallets (new or used) that are “under load.” Nor does it apply to used, recycled, or repaired pallets – whether empty or under load. In both cases, a disclaim code A or B must be transmitted. The declaration must be provided for new pallets that are the product being imported.

Lahar provided a practical perspective on the filing requirements, clarifying when a broker needs to file the declaration, and when to transmit a disclaim code. To view a replay of the webinar, go here and use this Access Passcode: LaceyAct_0921.

For more information, visit the APHIS Lacey Act website here.

Following are the HTS numbers that will be flagged beginning Oct. 1:

Ch. 33 Headings (Essential Oils)

3301295109—essential oils of cedarwood

• 3301295121—essential oils of linaloe or bois de rose
• 3301295139—essential oils of sandalwood

Ch. 42 Headings (Trunks, Cases, Suitcases)

4202292000—trunks, cases, and suitcases of wood

• 4202992000—other, of wood, not lined
• 4202993000—other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)

• 441012—oriented strand board (OSB)
• 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

Ch. 92 Headings (Musical Instruments)

•  9205902000—wind musical instruments: bagpipes
• 9205904020—clarinets
• 9205904080—other (woodwind instruments)
• 9205904060—flutes and piccolos
• 9206002000—drums
• 9207900040—musical instruments (fretted string instruments)
• 92—parts and accessories for musical instruments of heading 9202
• 9209992000—parts and accessories for bagpipes
• 9209994040—parts and accessories for other woodwind instruments
• 9209998000—other

Ch. 96 Headings (Miscellaneous Manufactured Articles)

9620005500—monopods, bipods, tripods, and similar articles of wood