CAPE Phase 2 Is Live: Is It Open, What It Covers, and How to File Now

Is CAPE Phase 2 Open Yet?

Yes. CAPE Phase 2 went live on June 29, 2026. You can file CAPE Declarations for Phase 2-eligible entries right now through the ACE Secure Data Portal, with refunds paid by ACH. Phase 1 (live since April 20, 2026) handled the cleanest, most automatable entries; Phase 2 opens the door to two categories it couldn't process. A third phase — Phase 3, for finally-liquidated entries, available only to importers who filed at the Court of International Trade — is still expected in late July 2026.

What Does Phase 2 Cover?

Phase 2 adds the two big buckets Phase 1 excluded:

• Reconciliation entries. Entry types 01, 02, and 06 that are flagged for reconciliation but whose reconciliation entry (type 09) hasn't been filed yet. CAPE strips the IEEPA duties out *before* the reconciliation entry is filed, so your IEEPA refund is separated from the reconciliation true-up. As in Phase 1, these are limited to unliquidated entries and entries within 80 days of liquidation.
• Antidumping and countervailing duty (AD/CVD) entries. Entries that also carry AD/CVD — common in steel, aluminum, solar, and certain chemicals — which need extra handling before the IEEPA layer can be refunded.

Only the IEEPA duty is refundable. Section 232 and Section 301 duties on the same entry are not.

How Much Money Does Phase 2 Unlock?

About $166 billion in IEEPA duties were collected across roughly 330,000 importers and 53 million entries. Through Phase 1, CAPE had queued over $95 billion for refund, with about $23.7 billion already transmitted to the US Treasury (the government has represented that more than $40 billion would be disbursed by the end of June). Phase 2 adds an estimated 2.8 million entries worth about $28.7 billion — bringing combined Phase 1 + Phase 2 coverage to roughly $130 billion of the $166 billion pool. Refunds include statutory interest.

How Do I File a Phase 2 Claim? (5 Steps)

1. Confirm ACE access and ACH enrollment. No ACH bank account, no refund — and bad ACH details were the #1 cause of Phase 1 rejections. Verify routing/account numbers against your bank before you submit.
2. Pull your entry data. Gather Form 7501 entry summaries for your IEEPA-period entries, and run ACE Report ES-003 (Importer Activity Report) to identify every entry carrying IEEPA Chapter 99 codes that's reconciliation- or AD/CVD-flagged.
3. Estimate your refundable amount. Calculate the IEEPA layer only — that's all that's refundable — so you can validate CBP's figure when it comes back.
4. File the CAPE Declaration. Submit through the ACE Secure Data Portal. Clean, accurate declarations process fastest; a rejection and resubmission can add 30-60 days.
5. File in the first wave. In Phase 1, importers who submitted clean declarations in the opening days were in the first refund batch. The same pattern is repeating now — early and clean beats late.

Is the 10% Section 122 Tariff Still Being Collected?

Yes. The Court of International Trade ruled the 10% Section 122 global tariff unlawful on May 7, 2026, but the Federal Circuit granted a stay pending appeal on June 11, 2026 — so CBP keeps collecting it while the appeal proceeds. In granting that stay, the court found the government had shown a sufficient likelihood of success, so don't assume Section 122 ends the way IEEPA did. Separately, Section 122 carries a 150-day statutory limit and is scheduled to expire around July 24, 2026 unless Congress extends it. The IEEPA refunds you're claiming through CAPE are a separate matter from the Section 122 duties you may still be paying today.

What If My Entries Don't Fit Phase 2 Either?

Some entries still aren't covered. Finally-liquidated entries (beyond the 80-day window) are slated for Phase 3 in late July 2026 — but only for importers who filed a protective action at the Court of International Trade. If that's you and you didn't file at the CIT, your path narrows: a formal protest under 19 U.S.C. § 1514 within its 180-day window may be your preservation mechanism, and for exposure over $500K, individual CIT litigation may be faster than waiting. Document every excluded entry now — entry number, liquidation date, dollar amount — so nothing slips past a deadline.