CBP’s CAPE Phase 3 is set for Oct. 6, 2026 for finally liquidated CIT-plaintiff IEEPA entries. Surety-paid duties stay outside ordinary CAPE; no confirmed automated surety-refund path. Education only; not legal advice.
Last verified: October 2, 2026 (PT)
U.S. Customs and Border Protection (CBP) has told the Court of International Trade that Phase 3 of Consolidated Administration and Processing of Entries (CAPE) deploys on October 6, 2026. The opening is for CIT plaintiffs with finally liquidated entries covered by court-ordered reliquidation of IEEPA duties — and it keeps a separate question open for customs sureties: entries where a surety paid any IEEPA duty remain outside ordinary CAPE.
Verify at source / not legal or customs advice. Dated public pages and firm alerts. Global Guarantors education only — does not decide refund eligibility or advise any importer, broker, or surety. Confirm CBP, counsel, and the live docket.
Counsel alerts summarizing CBP’s September 15, 2026 CIT declaration — Thompson Hine and Cherry Bekaert / CBH — align on:
CBP’s IEEPA Duty Refunds page frames CAPE as a phased ACE tool for valid refunds authorized by court order or applicable law. Phases 1–2 covered unliquidated / recently liquidated entries and certain reconciliation flags; Phase 3 is the finally liquidated plaintiff channel.
Separate from Phase 3’s plaintiff gate, CBP’s Phase 1 CSMS instruction remains the clearest public filing rule (CSMS #68340863):
IORs and brokers should ensure that they do not submit a CAPE Declaration for entries on which a surety paid IEEPA duties in whole or in part.
That is a filer exclusion, not a published surety-refund workflow inside CAPE.
Traverse Analysis (Sept. 9, 2026) teaches the desk consequence: a partial surety payment still takes the entire entry out of an ordinary entry-number declaration, while 19 C.F.R. § 24.36(b) — when its evidence test is met — certifies a qualifying surety only up to the amount it paid. Bond coverage alone is not the trigger; actual payment after default is.
Pending: A confirmed automated surety-refund path inside CAPE (or a separate ACE module). Prior GG coverage of ITSA’s court posture: ITSA presses CBP on IEEPA refunds for sureties — party claims, not findings.
Phase 3 is importer/plaintiff-oriented. It does not, on materials retrieved here, convert surety-paid IEEPA entries into ordinary CAPE candidates. Longer teaching page: Customs surety, IEEPA refunds, and CAPE.
Verify at source / not legal or customs advice. As of October 2, 2026 (PT). Global Guarantors education — not a solicitation and not a quote.