Excluded Entry Types and IEEPA Refunds: Where Each Stands

When CAPE opened, CBP left several entry types out. Some have since been brought in, and the rules for others have changed. This guide lists each type and what CBP has said about it as of September 2026.

Now accepted, with conditions

• Reconciliation-flagged entries (types 01, 02, 06). Added in Phase 2 on June 29, 2026, when the type 09 reconciliation entry has not been filed and the entry is unliquidated or within 80 days of liquidation.
• Warehouse withdrawals (types 31, 32, 34, 38). Since July 7, 2026, CAPE accepts the withdrawals and refunds them when the underlying warehouse entry is reliquidated. The warehouse entries themselves (types 21 and 22) are rejected.
• Protested entries within 80 days. A protest filed only for IEEPA purposes may be withdrawn so the entry can go through CAPE.

Not yet accepted

• AD/CVD entries awaiting liquidation instructions
• Foreign trade zone entries (type 06) that are not flagged for reconciliation
• Type 47 drawback entries and type 09 reconciliation entries
• Informal entries and Section 321 entries
• Entries not filed in ACE

For these, CBP has said it will issue further guidance as it adds CAPE functions. We found no later CBP message giving a route for them as of September 2026. Cato Institute estimated that about $25 billion in entries fell outside every CAPE phase as of late June.

If you filed warehouse entries early

CBP said importers who listed type 21 or 22 entries in declarations between April 20 and July 6, 2026 must file a new declaration listing the related withdrawals.

What this means for importers

If your entries are in the "not yet accepted" group, the question is whether a deadline, such as the 180-day protest window, will pass before CBP issues guidance. That is worth raising with a licensed customs broker now. See excluded entries.

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