03/20/2026

Status Update to CAPE Refund Process

Check out this week's Customs Corner to read about the latest CAPE refund process status updates, the new "Made in America" enforcement executive order, and more.

Trade and Customs Updates

1) Status Update to CAPE Refund Process

Brandon Lord, Executive Director Trade Programs in the Office of Trade, CBP provided an update to his March 12, 2026, Declaration on CBP’s IEEPA duty refund plan. 

 

CAPE is structured around four integrated components:

 

  1. Claim Portal – A web-based entry point enabling importers and brokers to submit IEEPA refund requests (referred to as “CAPE Declarations”). A new tab will appear in ACE Portal accounts for both importers and brokers, allowing for the upload of CSV files listing relevant entry summaries. Once a submission is made, the system runs two sets of validations—checking file formatting, filer authorization, and entry eligibility. Importers and brokers will be notified of any errors to facilitate corrections and resubmissions.
    • Status: As of March 11, 2026, the Claim Portal was 70% complete, with the user interface finished and validation programming in development.
    • Update: As of March 19, 2026, the Claim Portal is 73% complete.
  2. Mass Processing – This component will automatically remove IEEPA-specific Harmonized Tariff Schedule (HTS) numbers from validated entry summaries, then recalculate duties as if the IEEPA duties were never applied. This process mirrors existing ACE entry summary validations.
    • Status: As of March 11, 2026, the Mass Processing was 40% complete, with the focus on updating entry summaries and related validations.
    • Update: As of March 19, 2026, the Mass Processing is now 45% complete.
  3. Review and Liquidation/Reliquidation – Following acceptance, this component schedules entry summaries for liquidation or reliquidation, updates total duties, and calculates interest. It also supports manual reviews if required and processes liquidations from Monday to Thursday each week.
    • Status: As of March 11, 2026, the Review and Liquidation/Reliquidation was 80% complete, with the liquidation function finished and performance testing underway.
    • Update: As of March 19, 2026, the Review and Liquidation/Reliquidation remains at 80% complete.
  4. Refund – After entries reach their scheduled liquidation/reliquidation, this module consolidates refunds by date and importer of record (IOR), or their designated recipient. Refunds will be issued electronically to the appropriate bank account.
    • Status: As of March 11, 2026, the Refund was 60% complete, with CAPE-specific refund processing developed and performance testing ongoing.
    • Update: As of March 19, 2026, the Refund is now 63% complete.

 

Reference:

gov.uscourts.cit.19346.47.0_1.pdf

 

2) President Issues Executive Order to Strengthen Enforcement of "Made in America" Product Claims

President Trump has issued an executive order mandating stricter oversight of "Made in America" product claims. The order emphasizes that Americans have a right to clear, accurate, and verifiable information about the origin of products marketed as American-made, particularly in digital marketplaces where foreign sellers may falsely advertise goods as produced in the United States.

 

Under the new directive, the Federal Trade Commission (FTC) is instructed to prioritize enforcement against sellers and manufacturers who violate laws by making deceptive American-origin claims. The FTC will also consider proposing regulations that hold online marketplaces accountable for failing to verify country-of-origin claims, potentially classifying such lapses as unfair or deceptive practices.

 

Additionally, federal agencies responsible for country-of-origin labeling are urged to develop consistent voluntary labeling guidelines and collaborate to ensure American businesses receive clear instructions. Agencies overseeing government procurement contracts are required to periodically review and verify "Buy American" and similar claims. Vendors found misrepresenting product origins will face removal from government contracts and possible referral to the Department of Justice for action under the False Claims Act.

 

References:

 

3) U.S. and Ecuador Sign Trade Agreement

President Trump has announced a new trade agreement with Ecuador aimed at deepening economic cooperation and enhancing market access for American businesses. The Agreement on Reciprocal Trade is designed to strengthen both U.S. national and economic security while providing expanded opportunities for U.S. farmers, ranchers, fishers, small businesses, and manufacturers to increase their exports and business prospects in Ecuador.

 

In 2024, U.S. exports of goods and services to Ecuador totaled $10.2 billion, and this new agreement is expected to further open Ecuadorian markets, particularly for American agricultural exporters, by reducing tariff and non-tariff barriers. The deal also includes provisions to grant Most Favored Nation (MFN) tariff treatment for specific Ecuadorian goods that are not produced in the United States, effective by August 1, 2026, or upon the agreement's entry into force.

 

Both countries will now proceed with necessary domestic procedures to implement the agreement, aiming to secure significant benefits for American businesses and workers while reducing the U.S. goods trade deficit with Ecuador.

 

Reference:

Ambassador Greer Signs the United States-Ecuador Agreement on Reciprocal Trade | United States Trade Representative

 

4) DHS Issues 60-Day Limited Jones Act Waiver for Certain Cargoes Upon Department of War Request

On March 17, 2026, the Department of Homeland Security (DHS) granted a limited 60-day waiver of the Jones Act (46 U.S.C. § 55102), following a request from the Department of War. This waiver, issued under 46 U.S.C. § 501(a), permits specific commodities to be transported on foreign-flag vessels through May 17, 2026, at 11:59 p.m. EDT.

 

U.S. Customs and Border Protection (CBP) requires any trade community member planning to move covered commodities via foreign-flag vessels under this waiver to notify CBP at [email protected]. Required details include the vessel name (with IMO number and flag), commodity and corresponding Harmonized Tariff Schedule (HTS) code, carrier information, and the ports and dates of departure and arrival, including CBP port codes.

 

Foreign-flagged vessels arriving from U.S. ports under this waiver must comply with all entry and clearance procedures under 19 U.S.C. § 1434(a)(2) and 19 C.F.R. Part 4, and should use the Vessel Entrance and Clearance System (VECS) in the Automated Commercial Environment (ACE). Carriers are required to submit a paper CBP Form 1302 “Inward Cargo Declaration” for all U.S. domestic cargo, indicating the previous U.S. port as the “Last Foreign Port Before U.S.” and including a statement referencing the Jones Act waiver. The form can be submitted via DIS in VECS, email to the relevant ports, or physical delivery.

 

Additionally, vessel owners or operators and waiver requestors must submit a report to the Maritime Administrator within 10 days of concluding any voyage under the waiver, detailing vessel information, voyage dates, ports of call, cargo description, national defense justification, and other pertinent data. Reports should be sent to [email protected] and will be published by the Maritime Administrator within 48 hours on a Department of Transportation website.

 

CBP reminds the trade community that all regulatory requirements remain in force, and violations may result in civil or criminal penalties as stipulated by law.

 

The list of potentially covered products can be found here: List of Potentially Covered Products as of March 18 2026.xlsx

 

Reference:

CSMS # 68096516 - Implementation of Jones Act Waiver Issued to the Department of War, Dated March 17, 2026

 

5) CBP Cancels Free Trade Compliance Webinars Amid Partial DHS Shutdown

In light of the ongoing partial shutdown of the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) has announced the cancellation of its upcoming free quarterly webinars. The sessions, which were scheduled for March 31 and April 2, were set to provide guidance on the use of the Trade Violations Reporting (TVR) tool and the process for filing Enforce and Protect Act (EAPA) allegations with CBP.

 

The webinars are typically an important resource for members of the trade community, offering valuable information on compliance and reporting procedures. However, due to current limitations on DHS operations, CBP has been compelled to suspend these planned events until further notice.

 

CBP has not yet provided revised dates for the webinars but encourages stakeholders to monitor official channels for updates as the situation develops.

 

6) NOAA Fisheries Lifts Marine Mammal Protection Act Import Restrictions for Grenada, Ireland, and New Caledonia

On March 16, 2026, the National Marine Fisheries Service (NOAA Fisheries) announced the removal of Marine Mammal Protection Act (MMPA) import restrictions for seafood products from Grenada, Ireland, and New Caledonia. This decision follows NOAA Fisheries’ issuance of positive comparability findings for the fisheries of these nations, confirming they meet U.S. marine mammal protection standards.

 

As a result, imports from these countries are no longer subject to the previous requirement for a Certification of Admissibility (COA) under the MMPA, effective immediately. However, importers are reminded that a COA may still be necessary if seafood products are processed in another nation that remains under MMPA import restrictions.

 

Up-to-date resources on Harmonized Tariff Schedule codes, country of origin, and lists of fisheries affected by MMPA restrictions can be found on the NOAA Fisheries website. Further details regarding comparability findings and updates on the MMPA Import Provisions are also available online.

 

For questions regarding MMPA Import Provisions or comparability determinations, stakeholders may contact NOAA Fisheries at [email protected]. For technical support with COA requirements, inquiries can be directed to [email protected].

 

Reference:

CSMS # 68095227 - National Marine Fisheries Service Lifts Marine Mammal Protection Act Import Restrictions for Grenada, Ireland, and New Caledonia

 

EVENT: NCSD's March & April Webinar Schedules

March 24, 2026 – April 9, 2026 | 1:30 PM ET | Webinar

 

U.S. Customs and Border Protection’s Office of Trade’s National Commodity Specialist Division (NCSD) is hosting the following webinars in the month of March and April as a part of the 2026 NCSD webinar series. These webinars are scheduled for 1:30 p.m. ET.

 

To register for these free webinars, click on the registration link for the coordinating webinar below. All registrants will receive the link for the webinar on their confirmation email, but entry into the webinar is on a first-come, first-served basis as seats are limited. After the live event, this and other previously recorded webinars will be available for replay at Trade Outreach Webinars | U.S. Customs and Border Protection (cbp.gov). 

 

These webinars are a part of CBP’s Continuing Education program.

 

NCSD's March Webinar Schedule:

  • Tuesday, March 24, 2026: Parts of General Use – The “Parts of General Use” is part of the 2026 Educations Commodity Specific Webinar Series hosted by the National Commodity Specialist Division, Regulations and Rulings, Office of Trade. This webinar is an overview of what is considered a part.
  • Thursday, March 26, 2026: Stepping Forward in Smart Kicks – The “Stepping Forward in Smart Kicks” is part of the 2026 Educations Commodity Specific Webinar Series hosted by the National Commodity Specialist Division, Regulations and Rulings, Office of Trade. This webinar will explain the classification of smart footwear. 

 

NCSD's April Webinar Schedule:

  • Tuesday, April 7, 2026: The Classification of Steel Bars and Rods in Chapter 72– The “The Classification of Steel Bars and Rods in Chapter 72” is part of the 2026 Educations Commodity Specific Webinar Series hosted by the National Commodity Specialist Division, Regulations and Rulings, Office of Trade. This webinar will cover the tariff classification of chapter 72.
  • Thursday, April 9, 2026: Plates, Sheets, Film, Foil & Strip of Plastics– The “Plates, Sheets, Film, Foil & Strip, of Plastics” is part of the 2026 Educations Commodity Specific Webinar Series hosted by the National Commodity Specialist Division, Regulations and Rulings, Office of Trade. This webinar will focus on the nuances of classification of plates, sheets, film, foil, and strip of plastics in headings 3920 and 3921 of the Harmonized Tariff Schedule of the United States. It will examine the applicable legal notes and Explanatory Notes. 

 

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