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Potential Government Shutdown on the Horizon and No Contingency Plans in Sight

Government funding will lapse at midnight on Tuesday, September 30, absent Congressional action. With a number of contentious issues still at play, including spending limits, immigration policy, and healthcare funding, some say a shutdown is looking more and more likely.

What makes this potential shutdown different from previous lapses in funding is the lack of contingency plans within the relevant agencies. The White House’s Agency Contingency Plan page is blank. 

Until agencies update their guidance, we can only look to previous contingency plans.

Below is a breakdown of previously issued agency guidance. ,

U.S. Customs and Border Protection

According to the Department of Homeland Security’s most recent contingency plan (March 2025) cargo inspection functions at ports of entry will remain active during a shutdown. However, certain activities, such as training and auditing, are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc., would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in reviewing the Enforce and Protect Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) allegations.

U.S. Department of Commerce

According to the Department of Commerce’s most recent contingency plan (September 2023), some International Trade Administration (ITA) […]

CBP’s Recordation Program

Copyright 2025 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. CBP’s Recordation Program

Editor’s Notes: Participation in CBP’s Recordation Program is one of the most effective ways for intellectual property rightsholders to protect their brand at the border. If you took the time to register your trademark or copyright with the USPTO, then consider taking the extra step to record that trademark or copyright with CBP. This article covers: (i) the difference between registration and recordation; (ii) key benefits of recording with CBP; (iii) how to record with CBP; and (iv) how CBP enforces IP infringement at the border.

The Most Effective Way to Protect Your Brand at the Border

For Intellectual property (IP) owners in the United States, obtaining a trademark or copyright registration is a critical step to protect their work. However, registration is only half the battle. IP owners need to have robust monitoring processes in place to find and enforce against infringers. That’s where U.S. Customs and Border Protection (CBP) comes in. Through CBP’s recordation program, brand owners can enlist tens of thousands of CBP officers as their first line of defense against infringing imports at all 328 U.S. ports of entry. This proactive strategy empowers rightsholders to leverage federal enforcement power at the border—stopping counterfeits before they hit the market.

IP Registration vs. Recordation

The U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office are responsible for […]

By |2025-10-01T08:24:09-04:00September 26, 2025|Bloomberg, Bloomberg Import|0 Comments

Reminder! Three Upcoming USTR Filing Deadlines

This month, the United States Trade Representative (USTR) announced it is seeking comments from the public and trade community on three initiatives: (i) extension of 301 exclusions; (ii) the National Trade Estimate Report on Foreign Trade Barriers, and (iii) joint Review of USMCA.

Extending 301 Exclusions

There are currently 178 effective exclusions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. These products are exempt from additional 301 duties. USTR has extended these exclusions several times, including a recent 90-day extension through November 29, 2025. USTR is seeking public comment on whether any of the 178 effective exclusions warrant further extension beyond November 29, 2025.

Comments are due October 16, 2025.

National Trade Estimate Report

Each year, USTR publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is seeking input to assist it in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment. 

Commenters should submit information related to one or more of the following categories of foreign trade barriers:

  • Import policies
  • Technical barriers to trade
  • Sanitary and phytosanitary measures
  • Government procurement
  • Intellectual property protection
  • Services
  • Investment
  • […]

Breaking Trade News: New CBP Forced Labor Portal, USTR Seeks Comment on USMCA & 301

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

Customs and Border Protection (CBP)

  • CBP updated its FAQ on e-Commerce, clarifying that International mail can’t benefit from exemptions from reciprocal tariffs for subheadings listed as exempt.
  • CBP announced at the September COAC meeting that the agency is planning to release a dedicated forced labor portal in FY 2026 that importers will be required to use.
  • CBP’s COAC de minimis working group offered recommendations to CBP to bolster entry processing in ACE amid the end of the de minimis exemption on Aug. 29. These recommendations include treating postal shipments similarly to how CBP handles low-value shipments via other transportation modes.
  • CBP added more parties to the list of those qualified to handle the payment of duties on international mail shipments.
  • CBP recently discovered and detained several international food shipping containers that contained radioactive isotopes. As a result of these discoveries, the FDA issued a food safety alert on certain frozen shrimp products.
  • The customs broker permit user fee will change from $180.57 to $185.38. All broker permits issued on or after October 1, 2025, […]
By |2025-09-19T09:58:02-04:00September 19, 2025|news, Snapshot, Uncategorized|0 Comments

FDA Launches Real-Time Adverse Event Reporting Dashboard for Cosmetic Products

On September 12, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of the FDA Adverse Event Reporting System (FAERS) Public Dashboard for Cosmetic Products. The system is an interactive tool designed to facilitate the public’s ability to search and find real-time adverse event data on cosmetic products. Through the tool, users can search and view reports using search terms, including the product name. Users can also download data sets and report listings. The FDA will update the tool daily to ensure it includes the most recent submissions.

The dashboard includes serious adverse event reports submitted by responsible persons for cosmetic products under requirements established by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), as well as voluntary adverse event reports submitted to the FDA by healthcare professionals, consumers, salon professionals, cosmetologists, and others. 

This announcement follows a recent launch of real-time reporting of adverse event and medication errors data for drugs and therapeutic biologics. 

In the announcement, the FDA stated these real-time reporting tools are part of the agency’s commitment to transparency and providing greater insight into the safety and regulation of the products consumers use every day.

Note: Reports in this dashboard have not been verified by the FDA, and their publication does not indicate that the FDA has concluded the product caused the adverse event. 

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