CBP opened the CAPE portal today, placing 330,000-plus importers in line for a share of $166 billion in IEEPA duties, two months after the Supreme Court ruled Trump’s tariffs illegal under the International Emergency Economic Powers Act. The agency has been required to file compliance updates with the US Court of International Trade throughout the rollout.
The Consolidated Administration and Processing of Entries portal lets importers and authorized customs brokers submit refund declarations. As of April 14, CBP told the court that 56,497 importers had already completed the electronic refund enrollment process.
There’s a catch. The administration isn’t planning to hand back all $166 billion without a fight. National Economic Council Director Kevin Hassett told Fox Business this month that “alternative authorities” could “reduce that number quite a bit,” and US Trade Representative Jamieson Greer is “studying very carefully” how to cut the total payout.
Phase 1 of CAPE covers approximately 63 percent of entries, limited to unliquidated entries and those no more than 80 days past liquidation. Refunds will generally take 60 to 90 days after declaration acceptance. Katie Hilferty of Morgan Lewis told the New York Times she’d be “pleasantly surprised” if payments arrived on schedule.
Sureties are fighting for their cut too. The International Trade Surety Association filed a brief with the court arguing its members paid millions in IEEPA duties directly to CBP on behalf of non-paying importers, but CAPE doesn’t list them as eligible recipients. CBP acknowledged the concern without committing to a fix.
Trump reacted to the Supreme Court loss by immediately imposing a 10 percent tariff under Section 122 of the Trade Act of 1974, 19 U.S.C. § 2132. A coalition of states has already sued over that levy. CBP hasn’t announced a timeline for CAPE phases beyond Phase 1.
James Okafor