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U.S. Customs and Border Protection (CBP)

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DTL’s Jennifer Diaz and David Craven Featured in CNBC

We are thrilled to announce DTL’s Jennifer Diaz and Of Counsel David Craven were recently featured in an article by CNBC.

Reporter Lori Ann LaRocco dives into the recent rise in customs bond insufficiency notices in her Feb. 6 article: President Trump’s tariffs fueled U.S. Customs bond market boom. Now billions hang on Supreme Court ruling.

Here are two excerpts from the piece:

“Jennifer Diaz, board-certified international attorney at Diaz Trade Law, said the number of bond insufficiency notices issued has quadrupled since 2017 and has accelerated recently due to the volatile tariff environment.”

“David Craven, counsel to Diaz Trade, said the threat of new replacement tariffs, coupled with the existing liability facing surety companies, suggests that any refunds would not be immediate. “The fact that liability has gone up, and Customs is now asking the sureties for collateral … operations are at risk, and sureties understandably don’t want to be caught holding the bag,” Craven said.”

Read the full article here.

Jennifer Diaz was also featured in a separate CNBC piece on Feb. 12: Trump tariffs leave importers with record-breaking $3.5 billion U.S. Customs bond funding shortfall.

Jen said:

“In totality, it makes sense that insufficiencies are more than double,” said Jennifer Diaz, attorney at Diaz Trade Law. “Many companies take it for granted that a $50,000 bond should be able to cover you for […]

By |2026-02-19T06:34:31-05:00February 19, 2026|International Trade, news, tariffs, Trade Policy, U.S. Customs and Border Protection (CBP)|0 Comments
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Section 232 Valuation in a Gray Area: What Importers Need to Know

Over the past year, the Section 232 tariff landscape for steel and aluminum has shifted rapidly. A series of presidential actions in 2025 significantly expanded the scope of Section 232 steel and aluminum duties while offering limited instruction on how those duties should be assessed. As a result, companies importing steel and aluminum-containing products are facing unclear guidance at a time when CBP scrutiny – and enforcement – is increasing. This lack of clear guidance has led to a lot of importer confusion and to the lawsuit discussed below.

Background on New Steel and Aluminum Tariffs

On February 11, 2025, President Trump issued two Proclamations imposing enhanced import tariffs on steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. While additional Section 232 tariffs had been in place on certain steel and aluminum products since the first Trump Administration in 2018, the orders eliminated certain exemptions from the tariffs, expanded their scope to cover additional products, and increased the tariffs on covered aluminum goods from 10% to 25%.

On February 18, 2025, two Federal Register Notices were published that included lists of “derivative” steel and aluminum products subject to the 25% tariffs on steel and aluminum under Section 232. The Federal Register Notices, which include the specific Harmonized Tariff Schedule of the United States (HTSUS) classifications for the derivative products in Annex 1, are available

By |2026-02-11T22:14:42-05:00February 11, 2026|Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP)|0 Comments
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Compliance Mistakes Can Turn Criminal: Don’t Let This Happen to You

Many importers assume that customs compliance issues are purely administrative and can be easily resolved. In reality, customs law and criminal law intersect far more often than most companies realize. What begins as a civil customs matter can escalate quickly into a criminal investigation when regulators suspect fraud, evasion, or willful misconduct.

When Customs Issues Cross the Line

Most customs violations start as a civil enforcement matter. Errors involving classification, valuation, country of origin, or admissibility are often addressed through a request for information (CBP 28), notice of action (CBP 29), protest, prior disclosure, or penalty proceeding. However, when patterns emerge or when agencies believe false statements or deliberate schemes are involved, the enforcement posture can change dramatically.

Federal agencies, including U.S. Customs and Border Protection (CBP), Homeland Security Investigations (HSI), and the Department of Justice (DOJ), routinely collaborate to investigate potential criminal violations tied to import activity. These investigations may focus on:

  • Undervaluation or misclassification to avoid duties
  • False statements or omissions in entry documentation
  • Evasion of import restrictions or regulatory requirements
  • Coordinated schemes involving suppliers, brokers, or intermediaries

Once criminal intent is suspected, importers may face subpoenas, search warrants, asset seizures, or even criminal charges.

Increased Focus on Enforcement

The recent volatile tariff environment has created increased incentives to cheat the system. The U.S. government has made clear that it is

By |2026-01-30T10:24:39-05:00January 30, 2026|Enforcement, Import, International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Justice (DOJ)|0 Comments
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CBP Launches New Forced Labor Portal 

On January 21, 2026, Customs and Border Protection (CBP) launched its new Forced Labor Portal. The Portal provides a central system for submitting review requests for shipments detained or excluded for forced labor enforcement.

Effective, January 21, 2026, importers MUST use the portal to submit the following for review:

  • Withhold Release Order/Finding admissibility reviews.
  • Uyghur Forced Labor Prevention Act applicability reviews.
  • Uyghur Forced Labor Prevention Act requests for exception; and
  • Countering America’s Adversaries Through Sanctions Act exception requests.

All detained or excluded shipments requiring review must be submitted through this Portal, and users must have a login.gov account to access it. Depending on the type of review submitted, submission will be reviewed by CBP personnel in Forced Labor Division, or Port of Entry, or the Center of Excellence and Expertise.

Diaz Trade Law has confirmed with CBP that responses to CBP Form 28 (Request for Information) and CBP Form 29 (Notice of Action) should not be submitted through the Forced Labor Portal.

The Portal is available at https://flportal.cbp.gov/s/login/ and CBP has provided an instructional video on how to submit a request here.

This change reflects another step forward in how CBP interacts with the trade community, transitioning from […]

By |2026-01-29T08:26:11-05:00January 29, 2026|Enforcement, Forced Labor, Import, news, U.S. Customs and Border Protection (CBP)|0 Comments
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Reminder: CBP Now Issues Refunds via ACH Through ACE

Effective February 6, 2026, CBP will process all refunds electronically. The agency will not issue any refunds by check unless a waiver has been approved.

Background

Historically, the majority of CBP refunds for the overpayment of duties, taxes, and fees were transmitted via paper checks issued by the U.S. Department of the Treasury. The issuance of electronic refunds via ACH has been available for some time, but opting-in for electronic refunds has been voluntary and limited in scope. In 2024 and 2025, approximately 30% of the refunds CBP issued annually were issued electronically.

On March 25, 2025, President Trump issued an Executive Order titled “Modernizing Payments To and From America’s Bank Account.” The order mandates the transition from paper checks to electronic payments for all Federal disbursements and receipts.

Electronic Refunds

To implement the electronic payments Executive Order, CBP published an Interim Final Rule on January 2, 2026, announcing that the agency will issue all refunds electronically (subject to certain exceptions under 31 CFR part 208) effective February 6, 2026. This rule applies to refunds issued to all importers, brokers, filers, sureties, service providers, facility operators, foreign trade zone operators, and carriers,  and any designated third parties listed on CBP Form 4811. After this date, CBP will not issue any refunds by check, unless a waiver has been approved. Comments on the Interim Final Rule are due March […]

By |2026-01-27T13:01:02-05:00January 27, 2026|tariffs, U.S. Customs and Border Protection (CBP)|0 Comments
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