A good portion of what has gone on with the IEEPA refund cases has been fast moving and covered at a high level in the various forms of the press. There were, however, a couple of developments last week which are worth highlighting. First, CAPE Phase 3 is finally open, so even those with finally liquidated entries may now make refund claims. At the same time, attorneys representing importers who had their eligibility to claim in CAPE established by July 30 received emails from CBP authorizing those refunds to be filed. The latest Brandon Lord declaration can be seen HERE. Sadly, while it does state CBP will be notifying the attorneys for other importers deemed eligible at later dates, there is no timeline given. So, even while Phase 3 now works, it still does not provide everyone eligible with a means to seek their refunds.
That leads to a couple of impactful questions:
1. When will Phase 3 be available for all to make their refund claims? and
2. What is the impact of the class certification order which was published last Thursday, October 8?
