July 2026 - Page 2 of 3 - Customs & International Trade Law Firm

IEEPA Tariff Refund Update: CIT Will Order Reliquidation of Some Finally Liquidated Entries
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IEEPA Tariff Refund Update: CIT Will Order Reliquidation of Some Finally Liquidated Entries
Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP)

IEEPA Tariff Refund Update: CIT Will Order Reliquidation of Some Finally Liquidated Entries

Short summary: The U.S. Court of International Trade has announced that it plans to order U.S. Customs and Border Protection (CBP) to reliquidate certain finally liquidated entries in approximately 3,700 pending IEEPA tariff refund cases once CAPE Phase 3 launches. The court also confirmed that CBP continues to expand CAPE’s refund capabilities, including future functionality for entries with open protests, and provided an update on the billions of dollars in refunds already being processed. These developments represent another significant step toward resolving pending IEEPA tariff refund claims for importers.

The U.S. Court of International Trade (CIT) has announced another significant development in the ongoing litigation over tariffs imposed under the International Emergency Economic Powers Act (IEEPA). In a July 15, 2026, order, Judge Richard K. Eaton confirmed that the court intends to direct U.S. Customs and Border Protection (CBP) to reliquidate certain finally liquidated entries in the approximately 3,700 pending CIT IEEPA refund cases once the next phase of CBP’s Consolidated Administration and Processing of Entries (CAPE) refund system becomes operational.

While the order does not immediately authorize refunds of liquidated entries, it provides important insight into how the court and CBP plan to move thousands of pending refund claims toward resolution.

Reliquidation Order Planned for Thousands of Cases

The court stated that, in connection with the anticipated launch of CAPE Phase 3, it will issue an order directing CBP to reliquidate certain finally liquidated entries […]

By Jennifer Diaz|2026-07-16T14:00:35-04:00July 16, 2026|Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP)|0 Comments

Understanding HTSUS Classification: Why Getting It Wrong Is Expensive
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Understanding HTSUS Classification: Why Getting It Wrong Is Expensive
Import, Reasonable Care, U.S. Customs and Border Protection (CBP)

Understanding HTSUS Classification: Why Getting It Wrong Is Expensive

Summary: HTSUS classification determines the duty rate, applicability of tariffs such as Section 301 and Section 232, trade program eligibility, and helps determine whether any AD/CVD duties apply to every imported product. Misclassification often goes undetected for months or years, and since importers tend to reuse the same code for every entry of the same product, a single error can compound into significant back duties, penalties, and prior disclosure obligations. This article breaks down how classification errors happen, what reasonable care looks like, and how a documented classification process can prevent a small mistake from becoming a costly one.

Every product entering the United States must be assigned a classification code under the Harmonized Tariff Schedule of the United States (HTSUS), and that ten-digit number determines far more than most importers realize. It sets the duty rate and tariffs owed on a shipment, flags whether a product needs additional agency review, and establishes whether it qualifies for preferential trade programs. A misclassification, even an unintentional one, can trigger back duties, penalties, and a prior disclosure process that could have been avoided entirely with the right classification from the start.

What HTSUS Classification Actually Determines

The Harmonized Tariff Schedule of the United States is the United States’ implementation of the international Harmonized System, a standardized numerical method of classifying traded products used by customs authorities around the world. Every entry filed with U.S. Customs and Border Protection (CBP) requires an HTSUS code, and […]

By Jennifer Diaz|2026-07-10T11:00:22-04:00July 10, 2026|Import, Reasonable Care, U.S. Customs and Border Protection (CBP)|0 Comments

Mandatory CPSC eFiling is Here
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Mandatory CPSC eFiling is Here
ACE, Import, U.S. Consumer Product Safety Commission (CPSC)

Mandatory CPSC eFiling is Here

Key Takeaways

Starting July 8, 2026, importers of most regulated consumer products must electronically file (eFile) Certificate of Compliance data into CBP’s ACE system at the time of entry, no longer on request.
At launch, CPSC does not intend to have ACE reject entries or deny admission solely for failure to eFile, only warning messages. But CPSC will still enforce certificate requirements, seek seizure of non-compliant goods, and adjust your risk score.
A testing exemption or determination does not eliminate the certificate. You must still issue a certificate citing the rule and naming the exemption. This is a trap that catches importers who assume “exempt” means “nothing to file.”
Products entering a Foreign Trade Zone and later withdrawn for consumption or warehousing get a later effective date: January 8, 2027.
The eFiling rule changes how certificate data is filed, not which products need a certificate. Certification has been required since 2008.

A Compliance Shift Disguised as a Filing Update

Since 2008, importers and domestic manufacturers of CPSC-regulated consumer products have been required to maintain a Certificate of Compliance: a Children’s Product Certificate (CPC) for children’s products, or a General Certificate of Conformity (GCC) for regulated general-use products, and produce it on request. Under […]

By Jennifer Diaz|2026-07-08T10:11:26-04:00July 8, 2026|ACE, Import, U.S. Consumer Product Safety Commission (CPSC)|0 Comments

FDA Proposes New Rule Requiring Foreign Tobacco Manufacturers to Register with the Agency
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FDA Proposes New Rule Requiring Foreign Tobacco Manufacturers to Register with the Agency
Import, Tobacco, U.S. Food and Drug Administration (FDA)

FDA Proposes New Rule Requiring Foreign Tobacco Manufacturers to Register with the Agency

Short summary: The FDA has proposed a new rule that would require foreign tobacco product manufacturers to register their establishments and submit product listings to the agency, aligning them with requirements already applicable to domestic manufacturers. While the rule is not yet final, it signals increased oversight of imported tobacco products and enhanced coordination between the FDA and U.S. Customs and Border Protection (CBP).

On June 26, 2026, the U.S. Food and Drug Administration (FDA) announced a proposed rule that would significantly expand its oversight of imported tobacco products. If finalized, the rule would require foreign tobacco product manufacturers to register their establishments with the FDA and submit product listings. These requirements have long applied to domestic manufacturers but not foreign producers.

The proposal is intended to close a regulatory gap, strengthen FDA enforcement, and improve the agency’s ability to identify and stop unauthorized tobacco products from entering the United States, particularly e-cigarettes and other youth-appealing products. It also represents another step toward increased scrutiny of imported tobacco products and the companies that manufacture them.

What Would Change?

Under the proposed rule, foreign establishments that manufacture, prepare, compound, or process tobacco products for sale in the United States would be required to:

Register their manufacturing establishments with the FDA;
Submit product listings identifying the tobacco products manufactured […]

By Jennifer Diaz|2026-07-07T10:27:17-04:00July 7, 2026|Import, Tobacco, U.S. Food and Drug Administration (FDA)|0 Comments

Breaking Trade News: CAPE Phase II Launches, USMCA Not Renewed
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Breaking Trade News: CAPE Phase II Launches, USMCA Not Renewed
news, Snapshot

Breaking Trade News: CAPE Phase II Launches, USMCA Not Renewed

Here is a recap of the latest customs and international trade news:

Administration:

President Trump signed a Proclamation temporarily removing duties on phosphate fertilizer from Morocco. The duties will be suspended for eight months.

Customs and Border Protection (CBP)

On June 29, 2026, CBP launched CAPE Phase II for IEEPA refunds. This phase covers enhanced processing for reconciliation-flagged entries, making the large majority of IEEPA duties eligible for refund.
CBP issued an interim final rule (IFR) that codifies the suspension of de minimis for international mail shipments and establishes a new postal informal entry process for certain goods entering by mail. The rule takes effect July 24, 2026.
CBP issued a Notice of Determination as to Evasion in an EAPA case, finding that a major solar-module importer evaded antidumping AD/CVD orders on crystalline silicon photovoltaic cells.
CBP published a Federal Register Notice increasing interest rates for underpayments (7% for both corporations and non-corporations) and overpayments (7% for non-corporations and 6% for corporations).
CBP seized over $120,000 in unmanifested kitchen […]

By Jennifer Diaz|2026-07-03T12:48:18-04:00July 3, 2026|news, Snapshot|0 Comments

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