August 2026

DOJ Seeks to Vacate IEEPA Refund Injunctions 

Why Importers Who Haven’t Filed Suit Have the Most at Stake 

On August 10, 2026, the Department of Justice filed its opening brief in the consolidated Federal Circuit appeal challenging the Court of International Trade’s universal injunctions governing IEEPA duty refunds. The government’s own brief concedes that those injunctions now matter to exactly one group: importers with finally liquidated entries who have not filed suit. If the Federal Circuit vacates, that group has no administrative path to a refund, because CBP has told the court it lacks statutory authority to reliquidate finally liquidated entries on its own initiative. 

Key Takeaways 

  • The government filed its opening brief on August 10, 2026 in Federal Circuit Nos. 2026-1895, -1897, and -1899, appealing the CIT’s April 17, 2026 universal injunctions entered by Judge Richard K. Eaton. 
  • The government does not contest importer-specific reliquidation orders. It has stated it intends to comply with them and has not appealed the hundreds already entered. 
  • By the government’s own framing, the universal injunctions retain force only as to IEEPA refunds on finally liquidated entries belonging to importers who have not sued. 
  • CBP’s position is that Congress gave it no authority to reliquidate a finally liquidated entry absent a timely protest or reliquidation within 90 days of […]
By |2026-08-12T07:47:09-04:00August 12, 2026|Uncategorized|0 Comments

$5.15 Million Settlement Highlights Growing Customs Enforcement Under the False Claims Act

Short summary: A Taiwanese manufacturer has agreed to pay $5.15 million to resolve allegations that it violated the False Claims Act by underpaying customs duties on imported goods. According to the Department of Justice, the company used improper customs practices to reduce duties owed to CBP, resulting in significant lost tariff revenue. The settlement underscores the federal government’s continued focus on customs enforcement and the growing use of the False Claims Act to pursue alleged duty evasion. 


The U.S. Department of Justice recently announced that a Taiwan-led manufacturer agreed to pay $5.15 million to resolve allegations under the False Claims Act and related administrative claims involving customs duties owed on imported goods. While the company did not admit liability, the settlement serves as another reminder that customs compliance remains a significant enforcement priority for the federal government. 

The Case – What Happened 

According to the DOJ, the alleged conduct went well beyond a simple classification error. The government alleged that the company used multiple methods over several years to reduce the customs duties it owed on imports. Specifically: 

  • Country of Origin Misrepresentations: From July 2018 through January 2022, Everlight allegedly knowingly misrepresented the country of origin on Chinese-manufactured LEDs. Everlight knew these products were manufactured in China, and then transshipped to Taiwan, before shipping them to the U.S.  Everlight allegedly misrepresented to CBP that the products originated in Taiwan rather […]

New Section 201 Safeguard Tariffs on Quartz Surface Products 

Short summary: President Trump’s new Section 201 safeguard measure establishes a four-year tariff-rate quota (TRQ) on imports of quartz surface products beginning August 15, 2026. While annual quota volumes gradually increase over the life of the measure, importers may face safeguard duties of up to 50% once quarterly quota allocations are exhausted, making careful planning essential.  

On July 31, 2026, President Trump issued a proclamation imposing a Section 201 safeguard measure on imports of quartz surface products (QSP). The measure takes the form of a four-year tariff-rate quota (TRQ) and applies to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on Saturday, August 15, 2026.   

If you import QSP, including countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and tiles, this measure will likely affect your imports.  

How the Tariff-Rate Quota Works

A TRQ is not a flat tariff. A set volume of covered merchandise may enter each quota year at a lower in-quota rate under the new HTSUS heading 9903.45.30. Once that volume is exhausted, additional entries pay a substantially higher over-quota rate under new heading 9903.45.31.

The annual volume is divided into four equal quarterly tranches. Any unused portion of a quarterly tranche carries forward into the following quarter, and CBP is required to add the unused quantity to the next quarter’s total no later than 14 days after the prior quarter […]

By |2026-08-10T10:14:31-04:00August 8, 2026|tariffs|0 Comments

Breaking Trade News: IEEPA Refunds Update, 301 Lawsuit, $5M FCA Settlement

This week’s recap of the latest customs and international trade news: 

Customs and Border Protection (CBP)        

  • CBP filed an update with the CIT in the IEEPA refunds case, stating that nearly $130 billion in potential and certified refunds have been accepted for processing via CAPE, and over 5 million entries failed entry level validations. 
  • CBP issued guidance via CSMS message regarding how to electronically remit payment for increases in duties, taxes and fees from a post-summary correction. Filers will not be able to pay in check or cash beginning Aug. 5. 
  • CBP officers from the George Bush Intercontinental Airport seized nearly $4 million in counterfeit goods, including fake MLB and Nike apparel, Louis Vuitton bags, Cartier sunglasses, and Jaguar Land Rover computer systems.

Courts      

  • A group of 25 states led by Oregon, Arizona and California filed a lawsuit at the CIT challenging the Section 301 forced labor tariffs as a violation of the Administrative Procedure Act, alleging that USTR’s investigation was rushed and failed to address comments.  
  • Customs broker Forrest Xu filed a complaint with the CIT arguing that CBP deactivated his broker entry filer code without due process.   

Department of Justice  

  • Everlight […]
By |2026-08-07T10:21:27-04:00August 7, 2026|news, Snapshot|0 Comments

Reminder: FDA VQIP Applications for FY2027 Close September 1

Short summary: The FDA has announced that the application window for Fiscal Year 2027 Voluntary Qualified Importer Program (VQIP) benefits closes on September 1, 2026. For companies importing FDA-regulated food products, the approaching deadline is a reminder to confirm eligibility, supplier certifications, and application readiness before time runs out.

Deadline and Program Overview

Food importers seeking faster FDA entry processing should take note: the application period for the FDA’s Voluntary Qualified Importer Program (VQIP) for Fiscal Year 2027 closes on September 1, 2026.

VQIP is a fee-based program established under the Food Safety Modernization Act (FSMA) that rewards importers with strong supply chain controls and demonstrated food safety compliance. Approved participants may benefit from expedited review and importation of eligible human and animal food products entering the United States.

Applications approved for FY2027 will provide benefits beginning October 1, 2026, provided the FDA receives both an approved application and the required user fee payment.

Eligibility Requirements 

Importers should not assume they qualify automatically. One of the most common barriers to participation is the requirement that all foreign suppliers associated with VQIP-covered products maintain a valid facility certification issued by an FDA-accredited certification body under the FDA’s Accredited Third-Party Certification Program.

Importers considering VQIP participation should verify:

  • Foreign suppliers hold current certifications from FDA-accredited certification bodies.
  • Required regulatory audits have been completed.
  • Supply chain documentation and food safety controls meet FDA expectations.
  • Internal records are current and ready for submission through the VQIP portal.

Why Importers Should Consider VQIP

For qualifying importers, VQIP can provide meaningful operational advantages, including:

  • Expedited […]
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