New Executive Order on Strengthening Customs Enforcement

On June 3, 2026, President Trump signed the Executive Order “Strengthening Customs Enforcement,” directing the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to overhaul the rules that govern importers of record (IORs). The accompanying White House Fact Sheet frames the Order as a truly significant tightening of importer responsibilities – higher bonds, mandatory domestic assets, a new “good standing” requirement on all importers, and sharp new limits on foreign IORs. As CBP put it in its announcement, importing into the United States “has for too long been treated as a right and not a privilege.” While the Order has set aggressive deadlines for Customs reforms, it leaves most of the operational details to future rulemaking, and several of those details could reshape day-to-day compliance.  

Overview: What the Executive Order Directs 

Within 180 days, the Order requires the Secretary of Homeland Security to revise importer eligibility rules under 19 U.S.C. § 1484, § 1498, and § 1623, among other authorities. The most notable changes for IORs will be: 

  • A requirement that every IOR maintain, at all times, a minimum level of tangible domestic assets, bonding, or both — plus an increase in the minimum required bond coverage. 
  • Expanded data and identification requirements, including anticipated import volumes, year organized, ownership and beneficial ownership disclosures, business affiliations, and […]

Understanding U.S. Customs Statute of Limitations Waivers: What Importers Need to Know 

When U.S. Customs and Border Protection (CBP) seeks to collect unpaid duties, taxes, or penalties, it generally must act within a defined window of time. But that window can be extended — and often is. Understanding how CBP statute of limitations (SOL) waivers work is essential for any importer navigating a customs audit or penalty proceeding. 

The Basic Rule: A Five-Year Limitation Period 

Under 19 U.S.C. § 1621, CBP has five years from the date of a violation to bring an action to recover unpaid duties or assess a penalty. This limitation period is designed to provide finality and protect importers from indefinite exposure. Once the period lapses, CBP’s ability to collect is generally barred. 

What Is a Statute of Limitations Waiver? 

A statute of limitations waiver is a written agreement by which an importer voluntarily extends CBP’s window to assess duties or penalties beyond the standard five-year period. CBP routinely requests these waivers during the course of audits, prior disclosures, and penalty proceedings, particularly when the matter is complex, ongoing, or near the limitations deadline. Standard SOL waivers generally provide CBP with two-year extensions of the SOL. During this time, the importer agrees not to exercise a statute of limitations defense for entries covered by the SOL waiver. 

Waivers are not automatic — they require the importer’s consent. However, in practice, refusing to sign is often not consequence-free. Refusing to sign forces CBP to expedite their […]

By |2026-05-30T10:59:05-04:00May 30, 2026|Uncategorized|0 Comments

What Happened This Month in International Trade (May 2026)

Another busy month in international trade news. Here’s the roundup:         

Courts  

  • On May 12, the Court of Appeals for the Federal Circuit (CAFC) issued a stay of the CIT’s decision finding Section 122 tariffs are unlawful. The stay suspends the implementation of the CIT’s order while the appeal proceeds. 
  • On May 27, the Court of International Trade ordered CBP to submit a brief on why the agency should not be made to immediately refund all IEEPA tariffs, even on entries liquidated more than 90 days ago.

Customs and Border Protection (CBP)    

  • CBP filed an updated declaration on CAPE processing and reported: 157,402 declarations have been submitted; $85 billion in both potential and certified refunds accepted; $20.6 billion in refunds have been completed.
  • CBP published an updated list of error messages and definitions for Consolidated Administration and Processing of Entries (CAPE).  
  • CBP updated its CAPE FAQ page with several new questions and answers, including guidance on whether importers should file with the Court of International Trade, how interest is calculated, and what the agency is doing to prevent fraud.   
  • CBP is seeking comment on […]
By |2026-05-29T08:56:35-04:00May 29, 2026|news, Snapshot|0 Comments

FDA Announces One-Day Inspection Pilot

The U.S. Food and Drug Administration (FDA) announced that it is piloting one-day inspectional assessments. These assessments will be shorter, more focused, and will complement existing standard FDA inspections.  

Shorter Inspections, More Coverage 

Launched in April 2026, the pilot is part of a broader initiative to make the agency’s inspectional resources more targeted and efficient. The new assessments will allow for broader coverage, enabling the agency to assess more facilities without compromising regulatory rigor. 

The pilot is being conducted across multiple FDA inspectorates, including human and animal foods, biologics, medical products, and clinical research programs. Facilities are selected using risk-based criteria such as:  

  • Product type 
  • Prior inspection outcomes 
  • Operational characteristics  

As of late April 2026, the FDA has completed approximately 46 one-day assessments.  

The agency made clear that one-day inspectional assessments are not intended to replace standard FDA inspections. Instead, they are meant to provide an additional tool to the agency’s enforcement approach. The ‘one-day’ framework is also flexible – investigators retain authority to expand the scope or duration of an assessment if warranted.  

The pilot will continue through fiscal year 2026. The FDA is currently developing evaluation metrics to assess effectiveness, including inspection duration, escalation rates, and the utility of findings in informing risk-based decision-making. 

What Facility Owners and Operators Should Do 

Facility owners and operators should remain ready […]

Breaking Trade News: 122 Motion for Stay Denied, $275M OFAC Settlement, New FDA One-Day Inspectional Assessments

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

Courts  

  • The Court of International Trade (CIT) denied the government’s motion for a stay of enforcement of the court’s ruling against Section 122 tariffs and its order for an injunction against collecting Section 122 duties from the plaintiffs. 

Customs and Border Protection (CBP)  

  • CBP updated its CAPE FAQ page with several new questions and answers, including guidance on whether importers should file with the Court of International Trade, how interest is calculated, and what the agency is doing to prevent fraud.  
  • CBP announced new interim measures on several importers for the evasion of the AD/CVD duty orders on golf carts from China. 
  • CBP found reasonable suspicion that ICON EV, HDK Plastic Factory, Denago EV Corporation, Aero Import, Tao Motor, and Marxon had been entering covered merchandise from China through transshipment via Vietnam and misclassification. In a separate notice of investigation, CBP imposed the same requirements and had similar findings with Star EV Corporation. 
  • CBP announced new interim measures on Dymatec USA for evading an antidumping duty order on diamond sawblades from China.  
  • CBP
By |2026-05-22T15:32:46-04:00May 22, 2026|news, Snapshot|0 Comments
Go to Top