We therefore urge CBP to redesign the CAPE system so that it uses the records already in ACE to automatically identify and issue refunds to all importers, without requiring any affirmative claim or opt-in. Moreover, the Trump administration should prioritize refunds to small businesses
Push Customs and Border Protection to implement an automated tariff refund system that uses existing records, does not require businesses to opt in, and prioritizes small businesses.
Occurrences
Hickenlooper, along with 18 of his Senate Democratic colleagues, demanded Customs and Border Protection (CBP) Commissioner Rodney S. Scott implement an automatic...
Evidence
Hickenlooper's office reports he and 18 Senate Democrats demanded CBP implement automatic tariff refunds using existing records instead of an opt-in process.
The committee release says the CBP letter was co-signed by Sen. John Hickenlooper and sought automatic refunds using CBP records rather than opt-in claims.
GovInfo bill text lists Hickenlooper among sponsors/cosponsors of S.3905 and directs CBP refunds within 180 days with small-business prioritization.
The Finance Committee says the Tariff Refund Act would prioritize small businesses, avoid costly administrative steps, and lists Hickenlooper as a cosponsor.
CBP announced CAPE in ACE; requesting refunds requires an ACE account, bank information, and CAPE Declarations filed by importers or brokers.
CBP said CAPE Phase 1 was active and importers and authorized brokers could file CAPE Declarations through ACE Portal accounts.
Hickenlooper and 18 Senate Democrats urged CBP to use existing records, avoid an opt-in process, and prioritize small businesses.
The bill text says CBP should refund IEEPA duties and, to the extent practicable, prioritize small business concerns.
CBP activated CAPE, but only for a limited first phase; importers or brokers must file declarations through ACE to get refunds.
Assessments
The promise was to push CBP to create an automatic tariff-refund process using existing records, without an opt-in requirement, and with priority for small businesses. Evidence shows Hickenlooper did exactly that while serving in office: he co-signed a March 2026 Senate Democrats letter pressing CBP for that specific design, and he also backed related legislation reinforcing the same policy goals. Although CBP's later CAPE rollout only partially matched the requested system, the claim is about whether Hickenlooper pushed for the change, not whether CBP fully adopted it. On that standard, the promise was fulfilled during the same term.
The promise was framed as an oversight commitment to push CBP, not to guarantee final agency adoption. During Hickenlooper's same Senate term, he co-signed a Senate letter demanding that CBP use existing records, avoid an opt-in claims process, and prioritize small businesses, and he also cosponsored related tariff-refund legislation. CBP's later CAPE rollout still required importer or broker declarations, so the agency did not fully adopt the requested no-opt-in system, but Hickenlooper did fulfill the promised action of pressing CBP on the specified policy.