Litigate when CAPE filing isn't the right fit
Free CAPE filing handles most CAPE-eligible refunds end-to-end and is the right path for the majority of importers. Litigation through the Court of International Trade is the alternative when your claim doesn't qualify for CAPE — or when you'd rather pursue recovery on the federal court's timeline instead of CBP's.
When litigation is the right path
If free CAPE filing fits your claim, that's almost always the faster and lower-friction option. Litigation is for the situations where it doesn't — or where you want a recovery path independent of CBP entirely.
CAPE-Excluded Entries
AD/CVD entries, FTZ transactions, and suspended entries fall outside CAPE Phase 1 scope. Litigation is often the only viable recovery path for these.
Independent of CBP
Court of International Trade litigation is a separate legal process from CAPE. It does not depend on CBP's administrative timeline or processing decisions.
Strongest Legal Protection
A CIT filing preserves your rights with the full backing of the federal court system — useful for complex or disputed claims that benefit from formal legal leverage.
Often No Upfront Legal Fees
Many trade counsel offer contingency arrangements — you pay only when recovery is successful. TariffClaim can connect you with counsel who work on this basis.
Experienced Trade Counsel
We connect importers with trade attorneys who have deep experience in customs duty recovery and CIT proceedings — and provide them the entry-level data they need.
Statute of Limitations Protection
Your window to file in the Court of International Trade may already be running from the date each IEEPA duty was paid. Counsel can evaluate your specific entry deadlines before it's too late to act.
How to Get Started
Audit Your Exposure
TariffClaim calculates your total IEEPA duty exposure and flags entries that are CAPE-excluded or otherwise better suited to litigation than free CAPE filing.
Receive Counsel Referral
If litigation looks like the right path, we connect you with experienced trade attorneys who evaluate your case and explain fee structure and timeline.
Pursue Recovery
Your counsel files and manages the CIT proceeding. TariffClaim continues to provide data support, entry analysis, and documentation as needed.
Related Research
The Supreme Court decision establishing the legal foundation for CIT recovery actions.
Understanding the administrative recovery path — and why litigation remains the alternative when CAPE doesn't fit.
Compare your refund options
Free CAPE filing
Our primary product — upload ACE data, see your refund, generate and file your CAPE declaration. Free.
Learn about free CAPE filingSell Your Claim
Fast-cash alternative — convert your future refund into immediate working capital with vetted buyers.
Explore sellingPursue Litigation
Alternative for claims that don't qualify for CAPE — preserve recovery rights through the Court of International Trade.
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Set Up Your Counsel →Find the right path for your claim
Start with a free audit. We'll show you whether free CAPE filing, a claim sale, or litigation is the best fit for your specific entries.