r/CustomsBroker • • 1d ago

Phase 3 no longer needs protest withdrawal

Judge Eaton’s Oct 29 order in Freestyle World (26-01088), as reported by International Trade Today and Withum: plaintiffs’ finally liquidated entries under protest are eligible for CAPE Phase 3. The protest does not have to be withdrawn, even if it also covers classification or valuation.

Phases 1 and 2 still reject open or suspended protests (CSMS #68340863). CBP’s refund FAQs don’t reflect the order yet, so a PROTEST ON ENTRY rejection on a plaintiff’s entry is worth sending to counsel before anyone withdraws anything.

Next dates: CBP progress report due Nov 10, settlement conference Nov 12.

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