DOJ filed its Federal Circuit appeal on June 2. CAPE is still running for unliquidated entries. But CBP has reversed its position on finally liquidated entries — importers without an individual CIT case filed may now be locked out of automatic refunds. TariffIQ™ identifies exactly where your entries stand and what your next move is.
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Live intelligence from the wire services — curated for U.S. importers navigating the post-appeal IEEPA refund landscape.
The rulings, orders, and appeal filings directly shaping your refund rights and CAPE filing eligibility.
In a 6-3 ruling, the Court held that IEEPA does not authorize the President to impose tariffs. All 2025 IEEPA emergency tariffs were ruled invalid. The decision opened $166–170+ billion in potential refunds across 53 million entry summaries and 330,000 importers of record. This ruling is not under appeal — it stands.
✅ February 20, 2026 • Ruling final • Not under appealDOJ filed its Federal Circuit appeal on June 2, 2026, targeting the CIT’s universal injunction for finally liquidated entries. The appeal does not halt CAPE. CBP’s new position: importers without individual CIT cases cannot receive automatic refunds on finally liquidated entries. A stay motion could freeze remaining payments. Importers without filed CIT cases should consult trade counsel immediately.
🔴 Appeal active • Stay motion possible • June 9 hearing pendingPhase 1 launched April 20. CBP May 11 filing: 126,237 declarations submitted, 86,874 passed validation, 15.1M entries accepted, 8.3M liquidated, $35.46B principal + interest anticipated. Treasury ACH payments began May 12. CAPE continues for unliquidated entries and entries within 90 days of liquidation — the appeal does not stop CAPE for these entries. CBP next update due June 10.
✅ CAPE running • ACH active • June 10 next court updateJudge Eaton ordered CBP Commissioner Rodney Scott to appear in person June 9 to answer questions on the anticipated timeline for refunding all unlawfully collected duties. The court noted most refunds so far went to large importers — small importers remain largely unpaid. DOJ filed a mandamus petition at the Federal Circuit to block the testimony.
📅 June 9 hearing • DOJ mandamus petition pendingFollowing IEEPA invalidation, President Trump invoked Section 122 to impose a 15% global tariff effective February 24, 2026. Section 122 carries a hard statutory 150-day limit — expires July 24, 2026. New Section 232 investigations are underway to provide replacement tariff authority. Section 122 duties are entirely separate from IEEPA and do not affect refund eligibility.
📅 Expires July 24, 2026 • Section 232 replacements in developmentS.3905 would require CBP to refund all IEEPA duties within 180 days of enactment, with statutory interest, and create a priority queue for small businesses. This legislation would function as a legislative backstop independent of the Federal Circuit appeal — a successful government appeal would not defeat the bill’s refund mandate if enacted.
📅 Introduced May 2026 • Monitor Finance Committee for markupFrom eligibility analysis to CAPE declaration prep — TariffIQ™ identifies your entry status, your refund potential, and your next move in a post-appeal landscape.
AI-driven review of your HTS codes, entry history, and liquidation status to identify which entries are CAPE-eligible vs. requiring individual CIT action.
We build your CAPE Declaration CSV, validate Chapter 99 HTS codes, check ACH enrollment status, and coordinate with your licensed customs broker for ACE submission.
Detailed financial model of your recoverable duties plus statutory interest under 19 U.S.C. § 1505 — delivered in a CFO-ready report with timeline scenarios.
We track the Federal Circuit appeal, stay motions, June 9 hearing outcomes, and CBP compliance deadlines so you always know your exact refund status.
Guidance for DDP foreign manufacturers and non-resident importers navigating CBP ACE registration, ACH enrollment, and Form 4811 authorization.
We connect you with licensed customs brokers and help structure bridge financing against expected refunds for importers with significant cash-flow exposure.
The DOJ appeal changed the rules for finally liquidated entries. TariffIQ™ identifies your exact position — CAPE-eligible, CIT-required, or protest-track — and tells you what to do next. Free. No obligation.
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