On July 17, 2026, U.S. Court of International Trade (CIT) Senior Judge Richard Eaton, issued an order, which was made available today, directing U.S. Customs and Border Protection (CBP) to “reliquidate, without regard to IEEPA [the International Emergency Economic Powers Act] duties, any and all of Plaintiffs’ entries that have been liquidated for more than 80 days and on which Plaintiffs made estimated deposits pursuant to IEEPA.”  This order follows the recent transfer to Judge Eaton’s docket of more than 3,700 cases filed with the CIT seeking refunds of amounts deposited as IEEPA duties ruled unconstitutional by the U.S. Supreme Court earlier this year.  While the U.S. government through CBP voluntarily established the Consolidated Administration and Processing of Entries (CAPE) system for processing IEEPA tariff refunds, the government’s position had consistently been that a court order directing the reliquidation of entries whose liquidation had become final would be necessary to provide authority to reliquidate these “finally liquidated” entries – i.e., entries that have been liquidated for more than 90 days and thus beyond the period for reliquidation set out in 19 U.S.C. § 1501.  According to Judge Eaton’s July 17 order, this “order provides the Government with that legal authority.”  This order only applies to companies that have filed cases seeking IEEPA tariff refunds at the CIT.

This order directs reliquidation of all entries that have been liquidated for more than 80 days, which includes reliquidation of finally liquidated entries and entries that may become final during the CAPE process. The order states that to successfully submit a CAPE declaration for finally liquidated entries, plaintiffs must first submit to CBP certain information, including their importer of record identification number(s). CBP will issue instructions describing how to make this submission to plaintiffs’ counsel, and once received and followed, plaintiffs may submit a CAPE declaration.  CBP is next required to file a report on the progress of the CAPE for these “Phase 3” entries on August 4, 2026.

In addition to this development, Judge Eaton announced that the new lead case regarding IEEPA tariff refunds is Freestyle World, Inc. v. United States of America (1:26-cv-01088).  Plaintiff in the previous lead case, Euro-Notions Florida, Inc., had previously announced its intention to voluntarily dismiss its case and subsequently did so.  See CIT Order dated July 15, 2026.

For additional information on the CBP IEEPA tariff refund phases, see SmarTrade blog posts dated June 25, 2026, June 15, 2026, April 10, 2026, and March 30, 2026.

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Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Michelle Li Michelle Li

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for…

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for the Federal Circuit. She also advises on import entry clearance and other customs and importation issues involving food, drug, medical, and tobacco products regulated by the FDA and consumer products regulated by the U.S. Consumer Product Safety Commission.

Photo of Kerem Bilge Kerem Bilge

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing…

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing strategies to remain compliant with U.S. Customs and Border Protection requirements.