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

U.S. Customs and Border Protection (CBP) 

  • Phase three of the Consolidated Administration and Processing of Entries (CAPE) refund system was deployed by CBP on October 6. Phase 3 covers finally liquidated entries from importers that filed suit at the CIT and for which the Court has ordered reliquidation. 
  • CBP issued a proposed rule that would create a framework for low-value imports after the end of de minimis and formally establishing new informal Entry Type 13 for merchandise entering through the mail. Comments are due December 7. 
  • CBP’s Agriculture and Prepared Products Center of Excellence and Expertise (APP) in Miami uncovered a tariff evasion scheme involving tuna caught by foreign-flagged vessels. The investigation uncovered over $8M in lost revenue and almost $9M in expected penalties.

Department of Justice (DOJ) 

  • On October 1, 2026, DOJ’s National Fraud Enforcement Division issued Directive 26-12, which makes trade fraud a corporate enforcement priority and lists ten factors prosecutors must weigh in deciding whether to charge a company.  

U.S. Trade Representative (USTR) 

  • USTR announced a public consultation process ahead of the 2027 joint review of the United States-Mexico-Canada Agreement (USMCA). The agency is soliciting comments on the agreement’s operation and will hold a public hearing. Comments and requests to testify are due January 12, 2027. 
  • USTR announced that the 301 tariffs on China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, that began in 2018, will remain in effect. 
  • USTR announced that 14 economies joined the United States in signing a joint ministerial statement addressing structural excess capacity and production in key manufacturing sectors. The participating economies agreed to pursue coordinated efforts through sector-specific platforms to address non-market practices and trade distortions. 

Department of Commerce 

  • Commerce announced on October 6 a preliminary affirmative countervailing duty determination involving N-Cyclohexylbenzothiazole-2-Sulfenamide (CBS) from China. The determination advances the investigation into whether Chinese producers and exporters benefit from countervailable subsidies. 

U.S. Department of Treasury 

  • Treasury announced the first civil penalty ever issued under the Outbound Investment Security Program (OISP): $200,000 against Amidi LLC, the U.S. parent company of the organization known as Plug and Play Tech Center, for failing to notify Treasury of an investment its Chinese fund subsidiary made in a Chinese embodied artificial intelligence company.  

Bureau of Industry and Security (BIS) 

  • BIS announced that it reached an administrative enforcement settlement with Lambda Research Corporation involving alleged export control violations.  

Federal Maritime Commission (FMC) 

  • The FMC issued an Order asking COSCO Shipping why they failed to pay an award to a complainant. The $24,329 award has gone unpaid for 223 days. The FMC could impose penalties of up to $16.7M for the delayed payment.  
  • A FMC judge ordered non-vessel-operating common carrier Top Shipping Systems (TSS) to pay a Florida-based importer more than $57,000 for withholding two containers in an attempt to obtain overdue payments. 

Office of Foreign Assets Control (OFAC) 

  • OFAC announced sanctions list updates on October 5, including designation removals and revisions, an Iran-related sanctions alert, and an amended Iran-related frequently asked question.  

Food and Drug Administration (FDA) 

  • FDA released its 2025 CORE+EP annual report on October 6, summarizing investigations of foodborne outbreaks and adverse events involving FDA-regulated foods.  

Federal Trade Commission (FTC) 

  • The FTC and U.S. Department of Agriculture announced on October 7 a joint public inquiry into agricultural equipment manufacturing and distribution practices. The agencies are seeking information about market conditions and practices affecting competition in the agricultural equipment industry. 

Industry News 

  • Pamir Solutions announced that the company gave the Department of Homeland Security Uyghur Forced Labor Prevention Act Entity List Office access to its forced labor risk intelligence platform. The platform tracks the workforce inside factories across China through open-source research and identifies potential exposure to forced labor. 

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