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What Happens When Your Imports Become Subject to an AD/CVD Investigation? 

An antidumping or countervailing duty (AD/CVD) investigation can significantly change the cost of importing goods into the United States. Products that previously entered the country without additional trade remedy duties may suddenly face substantial cash deposit requirements, creating unexpected expenses and uncertainty for importers. 

If your products become subject to an AD/CVD investigation, understanding the process, potential financial exposure, and available options is essential to protecting your business. 

What Are Antidumping and Countervailing Duties? 

Antidumping and countervailing duties are trade remedies designed to address certain unfair trade practices involving imported merchandise. 

  • Antidumping duties (AD) address products sold in the United States at less than fair value. 
  • Countervailing duties (CVD) address imports that benefit from certain subsidies provided by foreign governments. 

These duties are separate from ordinary customs duties and other applicable tariffs. A product may be subject to both antidumping and countervailing duties, potentially increasing its total import costs substantially. 

Two federal agencies play central roles in AD/CVD investigations: 

  • U.S. Department of Commerce (Commerce): Determines whether dumping or countervailable subsidization exists and calculates applicable margins or subsidy rates. 
  • U.S. International Trade Commission (USITC): Determines whether the imports materially injure or threaten material injury to a U.S. industry. 

Generally, both agencies must make […]

Breaking Trade News: New Requirements for Foreign IORs, Expanded Iran and Cuba Sanctions 

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

 Administration  

  • President Trump told reporters that the Administration has “the concept of a very good deal with Canada” and indicated that a final trade deal could be signed in the coming weeks. 

 U.S. Customs and Border Protection (CBP)  

  • CBP released an interim final rule on November 5, 2026 under which a foreign importer of record must be validated under the Customs Trade Partnership Against Terrorism (CTPAT), or use a CTPAT-validated customs broker, to file formal and informal entries beginning January 5, 2027. 
  • CBP announced a pilot test of a new centralized ACE case management system. The Client Representative Technical Assistance Portal (CRTAP) will provide a centralized location and standardized method for the trade community to submit requests and for client reps to resolve technical issues. The pilot, which will begin Dec. 4 and run for 45 days, is limited to nine participants. 
  • CBP officers at the Port of Louisville stopped a shipment containing 460 counterfeit watches. Had these watches been genuine, the shipment would have had a combined Manufacturer’s Suggested Retail Price of over $66 million. 

Courts 

By |2026-11-06T11:23:57-05:00November 6, 2026|news, Snapshot|0 Comments

CBP Will Require Foreign Importers of Record to Be CTPAT-Validated or Use a CTPAT-Validated Broker Beginning January 5, 2027 

U.S. Customs and Border Protection (CBP) released an interim final rule on November 5, 2026 under which a foreign importer of record must be validated under the Customs Trade Partnership Against Terrorism (CTPAT), or use a CTPAT-validated customs broker, to file formal and informal entries beginning January 5, 2027. The rule implements Executive Order 14411, Strengthening Customs Enforcement. Foreign companies that import in their own name, the U.S. buyers that depend on them, and customs brokers that are not CTPAT-validated each need a plan before January 5. 

Key Takeaways 

  • Beginning January 5, 2027, CBP will require a foreign importer of record to be validated under the Customs Trade Partnership Against Terrorism (CTPAT), or to use a CTPAT-validated customs broker, in order to file formal and informal entries. 
  • The rule treats any importer of record that does not meet its definition of a U.S. importer of record as a foreign importer of record. That definition turns on U.S. citizenship or lawful permanent residency, U.S. organization and location, U.S. beneficial ownership and control, or direct ownership of a significant amount of unencumbered U.S. real property.

  • The rule will require all licensed customs brokers to verify whether each client qualifies as a foreign or U.S. IOR before filing an entry. This applies to every broker, not just CTPAT-validated ones.

Upcoming November 9 Deadline: USITC Requests Input on Section 338 Trade Authority

The U.S. International Trade Commission (USITC) is seeking public comments on how it should implement Section 338(g) of the Tariff Act of 1930, a longstanding but rarely used provision addressing discriminatory trade practices by foreign governments. 

In a notice published in the Federal Register on September 9, 2026, the USITC announced that it is considering establishing procedures to identify discriminatory foreign trade practices, collect information from affected businesses, and provide findings and recommendations to the President. 

The initiative could have significant implications for U.S. businesses engaged in international trade, particularly exporters facing discriminatory treatment abroad and importers potentially affected by future trade measures. 

KEY TAKEAWAYS: 

  • USITC Seeks Input on Section 338: The U.S. International Trade Commission (USITC) is requesting public comments on implementing procedures under 19 U.S.C. § 1338(g) to identify and investigate discriminatory foreign trade practices.  
  • Potential for Additional Tariffs: Section 338 authorizes the President to impose additional tariffs of up to 50% on products from countries found to engage in certain discriminatory trade practices.  
  • New Opportunities for Businesses to Report Discrimination: The proposed procedures could provide U.S. exporters and other affected businesses with a more formal process for reporting discriminatory foreign trade barriers.  
  • No Immediate Changes to Import Requirements: The notice […]

What Happened This Month in International Trade (October 2026) 

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

Administration:    

  • President Trump issued an executive order implementing provisions of the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. The order provides for a 500% additional duty on Russian-origin goods and 100% additional duties on goods from certain countries that purchase Russian oil or natural gas or facilitate sanctions evasion.  
  • In an October 22 proclamation, the Trump administration declined to impose additional Section 232 tariffs on wind turbines and their components despite findings that the imports pose a cybersecurity threat, leaving existing 50% Section 232 tariffs on applicable steel, aluminum, and copper products unchanged.  

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.  
By |2026-10-30T12:21:48-04:00October 30, 2026|news, Snapshot|0 Comments
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