CBP Says It Needs a Court Order to Refund Finally Liquidated Entries

In a May 29, 2026 filing, CBP said it has no authority to reliquidate or refund finally liquidated entries without a court order, reversing its earlier approach.

Event date: May 29, 2026. By the TariffClarity editorial team. Published September 24, 2026

In a court filing on May 29, 2026, CBP took the position that once an entry is finally liquidated, it has no authority to reliquidate it or refund money without a court order.

  • Sheppard Mullin described this as a reversal of CBP's earlier position on universal refunds.
  • The practical effect: finally liquidated entries stayed outside CAPE Phases 1 and 2, and importers that had not sued would need a court order.
  • Brokers and law firms responded by urging importers with recently liquidated entries to consider protests before their 180-day windows closed.

What this means for importers

If your entries are liquidated but still within 180 days, the protest window matters. See missed the CAPE window.

General information, not legal or customs advice. Facts last reviewed September 24, 2026. Confirm dates and options for your entries with a licensed professional.

Sources

Stay current. Get an email when CAPE opens a new phase or a court rules. Sign up for updates. Email only, no calls.

General information, not legal advice. Tariff refund rules and court rulings are changing. Deadlines depend on your own entries. Confirm your options with a licensed customs broker or attorney. TariffClarity is not a law firm or customs broker.

Find out where your refund stands

Free for importers. No obligation. You choose who to contact.

Get My Free Refund Review →