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

NBCBA_Carrier_Notification

Of course our office will re-open on Friday, November 28, 2025.

Thank you for your understanding.

Steve, Julie and Grant Sanders (Sanders Brokerage Services).

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.

Lately, CBP has been issuing penalties and warnings to Customs Brokers and Trucklines (carriers) for their reporting of incorrect or inaccurate manifest quantities. We tender this information to you in hopes that you will assist your carriers or work with them to provide usable quantities with which the can use to prepare their inward cargo manifest.

Pallets / Skids:  Both Pallets and Skids are not normally a usable quantity type for a carrier to use when making their inward cargo manifest with CBP.  In fact the word “Skid” is frequently mistaken as another explanation for a pallet.  But by CBP laws and regulations the proper usage of the word SKID is when you have a item, machine or component physically and somewhat permanently mounted and adhered to the skid to assist in the machines transportation.

By law carriers are required to manifest their quantity at their LOWEST EXTERNAL PACKAGING UNIT.  On the attached memo our office prepared for you use and instructions, and within the attached ACE e-manifest guidelines you’ll readily see reference to the proper way for a carrier to report their quantity such as:

240 cases containing 2400 cans on 5 pallets:  In this scenario carriers are to report 240 cases (not 5 pallets, and not 2400 cans).  Carriers need to manifest at the lowest external packaging count.

Another Example:

A shipment consists of 15 loose pieces of machinery, 1 crate of machinery parts, and 5 packages of miscellaneous machinery parts. Our suggested manifesting quantity we feel the carrier should report to CBP is; 15 + 1 + 5 = 21 packages.

Carrier Manifesting Assistance Memo

ACE Truck Manifest User Guide

As always, we will keep you informed of any changes as we become aware of them.

Thank you.

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

As before, the situation is fluid and changes may arrive with very little notice. We will continue to post changes as they become available. The information presented here is from other sources and may not be considered legally binding.

The US will lower the Reciprocal Tariff to 10% for a period of 90-days. This is down from 125% imposed last month. However, the 20% Fentanyl Tariff remains in effect as does the original Section 301 Tariffs from Trump’s first term (7.5% or 25% depending on the HTS number used) as well as the Section 232 Tariffs (Aluminum/Steel and Autos/Auto Parts).

We are awaiting further information from US Customs on implementation. The information above is garnered from news reports and is not legally binding. We will keep monitoring the situation and provide additional information as it becomes available.