CIT says eligible CAPE Phase 3 plaintiffs can file with mixed protests open
Counsel for plaintiffs with court-ordered reliquidation and enabled CAPE Phase 3 access can proceed with covered IEEPA refund claims without withdrawing mixed protests. Keep classification and valuation objections, and their deadlines, under separate review.
The CIT's October 29 order clarifies its understanding of CAPE Phase 3: an eligible plaintiff's existing protest can remain pending, including when it also raises classification or valuation issues.
For finally liquidated entries, filing still requires a court order for reliquidation and CBP-enabled Phase 3 access, notified to plaintiffs' counsel. A pending protest alone does not establish eligibility. Processing an IEEPA refund does not resolve the protest's other objections or automatically restart their deadlines. If an enabled plaintiff receives a protest-related rejection, preserve the error and access notice for an inquiry to CBP rather than withdrawing the protest to clear it.
Read the full analysis: CAPE Phase 3 Lets Eligible Plaintiffs File With Mixed Protests Open.
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