LinkedInFacebookInstagramXYouTube
305-456-3830|info@diaztradelaw.com

U.S. Customs and Border Protection (CBP)

Call 305-456-3830 or email info@diaztradelaw.com.

Commerce Defines “U.S. Content” for USMCA Steel and Aluminum Articles Under Proclamation 11032 

On October 14, 2026, the Bureau of Industry and Security (BIS) published a Federal Register notice defining “U.S. content” for products of Canada and Mexico that qualify for preferential tariff treatment under the United States-Mexico-Canada Agreement (USMCA), for purposes of the Section 232 duties under clause (2)(d) of Proclamation 11032. The guidance is effective for products entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on October 14, 2026. Importers of Canadian and Mexican aluminum and steel articles listed in Annex I-C to the Proclamation, and the customs brokers and filers who prepare their entries, should review how they value U.S. content before their next entry. 

Key Takeaways 

  • BIS defines U.S. content in two parts: (1) the value attributable to parts wholly obtained, entirely produced, or substantially transformed in the United States; and (2) to the extent not otherwise accounted for in part (1), the value attributable to steel melted and poured, aluminum smelted and cast, and/or copper smelted and cast in the United States. 
  • The guidance applies to entries on or after 12:01 a.m. Eastern Time on October 14, 2026. 
  • Under clause (2)(d), the 25 percent duty applies only to the non-U.S. content of USMCA-qualifying Annex I-C articles of Canada and Mexico, and the total effective duty may not be […]
By |2026-10-15T17:04:23-04:00October 15, 2026|U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP)|0 Comments
Read More

CBP Proposes Bonds and Earlier Filing for Low-Value Informal Entries: Comments Due December 7 

U.S. Customs and Border Protection (CBP) has issued a Notice of Proposed Rulemaking (NPRM) for Low-Value Shipments that would change informal entry requirements for shipments valued at $2,500 or less, including shipments arriving through international mail. The proposal would add a bond requirement for informal entries, move the Type 11 filing deadline earlier, and create a new electronic Entry Type 13 for mail. Importers, e-commerce sellers, licensed customs brokers, and carriers that handle low-value shipments are affected, and comments are due December 7, 2026. 

Key Takeaways 

  • CBP proposes that all Type 11 (informal) and new Type 13 (informal mail) entry filers obtain a basic importation and entry bond, single transaction or continuous, before release. 
  • The proposed Type 11 filing deadline moves from “within 15 calendar days after landing,” to “upon or before the date of importation”, and Type 11 entries would be filed electronically. 
  • A new Entry Type 13 for international mail of $2,500 or less would be filed electronically by the owner or purchaser in ACE or by a licensed customs broker. 
  • Carriers filing inward manifests would report the mail tracking number, and unentered mail of $2,500 or less would be considered abandoned after 15 days. 
  • Comments are due December 7, 2026, under docket USCBP-2026-0298 on regulations.gov. 

Low-Value Shipments Face New Entry Requirements 

CBP […]

By |2026-10-09T11:49:46-04:00October 9, 2026|ACE, Customs Broker, Import, U.S. Customs and Border Protection (CBP)|0 Comments
Read More

BIS Announces $2 Million Settlement with Lambda Research Corporation for 66 Export Control Violations 

On October 2, 2026, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a $2 million administrative settlement with Massachusetts-based Lambda Research Corporation involving 66 alleged violations of the Export Administration Regulations (EAR). The case involved exports of optical and illumination design software, automatic software updates, and transactions with parties on the Entity List and Unverified List. 

Key Takeaways 

  • EAR99 does not mean unrestricted. Even software classified as EAR99 may require an export license when the recipient is on the BIS Entity List. 
  • Automatic software updates can constitute exports. BIS charged Lambda with violations involving software updates transmitted to restricted parties after their addition to the Entity List. 
  • Restricted-party screening must be ongoing. A customer who was not restricted when a transaction began may become subject to licensing requirements later. 
  • Distributors do not eliminate export compliance obligations. Exporters must evaluate the actual end users of their products, including transactions conducted through intermediaries. 
  • The Unverified List creates additional compliance requirements. Certain transactions involving Unverified List parties require a UVL statement even when an export license is not otherwise required. 
  • Informal compliance efforts are insufficient. BIS cited Lambda’s lack of written export compliance procedures, employee training, and designated compliance personnel. 
  • Voluntary self-disclosure does not eliminate penalties. […]
By |2026-10-09T11:35:03-04:00October 9, 2026|EAR, Enforcement, Export, penalty, U.S. Bureau of Industry and Security (BIS), Uncategorized|0 Comments
Read More

Your Data Is Still Not Your Own at the Border: The Second Circuit’s Alisigwe Ruling and CBP’s 2026 Device Search Directive 

On September 17, 2026, the U.S. Court of Appeals for the Second Circuit held in United States v. Alisigwe that the government needs neither a warrant nor any level of suspicion to manually search a traveler’s cellphone at the border, and it rejected four district court decisions within the circuit that had required a warrant. The ruling follows CBP’s replacement of its 2018 electronic device search policy with Directive 3340-049B, effective January 1, 2026. Business travelers, in-house counsel, and companies whose employees carry client, pricing, or technical data through ports of entry in New York, Connecticut, and Vermont should revisit their travel practices now. 

Key Takeaways 

  • The Second Circuit held that a manual search of a cellphone at the border is a routine search that requires no warrant and no suspicion, and that the First Amendment imposes no separate warrant requirement. 
  • The court expressly left open whether a forensic search, such as an off-site extraction of a phone’s data, requires reasonable suspicion. 
  • CBP Directive 3340-049B permits basic searches with or without suspicion and limits advanced (equipment-assisted) searches to cases involving reasonable suspicion or a national security concern, with supervisory approval. 
  • Under the directive, officers may not intentionally use a device to access information stored solely in the cloud, and a device that […]
By |2026-10-07T11:27:35-04:00October 7, 2026|Enforcement, International Law, International Travel, U.S. Customs and Border Protection (CBP)|0 Comments
Read More

Commerce Restricts Polysilicon Stockpiling Ahead of December 4 Section 232 Tariffs: What Importers and Customs Brokers Need to Know 

On September 24, 2026, the Bureau of Industry and Security (BIS) published a temporary final rule at 91 FR 60505 establishing how the Department of Commerce will identify and restrict importers that stockpile polysilicon and polysilicon derivatives (Polysilicon Products) before the Section 232 minimum import prices and tariffs under Proclamation 11052 take effect on December 4, 2026. The rule caps weekly import volumes for new importers of record, creates a waiver process, and reminds customs brokers of their enforcement exposure. Importers of polysilicon, the covered HTSUS 3818 products, solar cells, and solar modules, along with the customs brokers that file their entries, are affected now. 

Key Takeaways 

  • BIS published a temporary final rule at 91 FR 60505 on September 24, 2026. It is effective September 22, 2026, through December 3, 2026. 
  • Commerce is monitoring existing importers of record (IORs). An IOR that Commerce determines is importing Polysilicon Products in volumes substantially greater than its historic averages will be prohibited from making further entries of those products prior to December 4, 2026. 
  • New IORs that registered with CBP on or after August 6, 2026, are prohibited from importing above fixed weekly quantities by HTSUS subheading, absent Commerce approval. 
  • Prohibited or restricted companies may apply to Commerce for a waiver at Polysilicon232@bis.doc.gov. Commerce intends to respond within 14 days of receipt. 
By |2026-10-06T08:14:29-04:00October 6, 2026|Customs Broker, Import, tariffs, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP)|0 Comments
Read More
This website uses cookies and third party services. By continuing to use our website, you agree to the Privacy Policy. OK
Skip to content
Go to Top