Import Archives - Page 8 of 92 - Customs & International Trade Law Firm

New Executive Order Adjusting Imports of Aluminum, Steel, and Copper into the United States
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New Executive Order Adjusting Imports of Aluminum, Steel, and Copper into the United States
Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP)

New Executive Order Adjusting Imports of Aluminum, Steel, and Copper into the United States

Authors:

Jennifer Diaz, President, Diaz Trade Law
Amber Pirson, Attorney, Diaz Trade Law

On April 2, 2026, the President issued a proclamation strengthening Section 232 actions to adjust imports of aluminum, steel, and copper, continuing to cite national security concerns and the need to reinforce domestic metals industries.

Key elements include: a tiered tariff structure and some products exempt from Sec. 232 tariffs, effective at 12:01 am on April 6, 2026; and manufacturing drawback claims.

Generally, tariffs will be assessed to the full value of imported products, “regardless of their metal content,” with reduced rates for certain products from the United Kingdom (UK) and the same 200% ad valorem duty for subject metal articles from Russia.

Aluminum and steel articles, most copper articles, and certain derivative articles of aluminum and steel…
- 50%, unless either the 25% or 10% rates listed below can apply.
  - 25% for UK products, the aluminum content of which is composed entirely of aluminum that was smelted or most recently cast in the UK, or the steel content of which is composed entirely of steel that was melted and poured in the UK.
  - 10% for derivative articles, steel or copper content, when the metal content was smelted and cast in the U.S.
For certain copper and […]

By Jennifer Diaz|2026-04-06T07:20:28-04:00April 3, 2026|Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP)|0 Comments

Even AI Needs a License – Know When Automation Unlawfully Crosses Into “Customs Business”
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Even AI Needs a License – Know When Automation Unlawfully Crosses Into “Customs Business”
Import, U.S. Customs and Border Protection (CBP)

Even AI Needs a License – Know When Automation Unlawfully Crosses Into “Customs Business”

Authors:
Jennifer Diaz, President, Diaz Trade Law
Amber Pirson, Attorney, Diaz Trade Law

In January of this year, CBP quietly released a ruling (January 16, 2026/CEE.HQ H350722) that demarcates clear boundaries of where AI is permitted to facilitate Customs filings and where such artificial tools cross the “human-brokers-only” line.

Case Background

A foreign “Unlicensed Company” was operating an online platform and marketing to importers without seeking approval or a license from CBP. This platform offered four key services: 1) connecting importers to brokers, 2) utilizing an optical character recognition (OCR) tool to cull entry data from shipping documents, 3) generating HTSUS subheading suggestions for specific articles, and 4) submitting CBP Form 5106 on behalf of new importers. The question before CBP was whether the company was conducting customs business without a license.

CBP Ruling

In its ruling, CBP stated that the definition of “customs business” is quite broad. To that end, developers could accidentally create agentic parameters that trespass the bounds of what it means to engage in “customs business.” Here are some key takeaways from the ruling:

“CBP cautioned that an unlicensed entity may not serve as an intermediary between a broker and importer if the unlicensed entity is actively participating ‘in decisions and activities relating to the preparation or filing of Customs documents for imported merchandise, or relating to any other action amounting to customs business.’” However, since the “Unlicensed […]

By Jennifer Diaz|2026-03-30T20:09:01-04:00March 27, 2026|Import, U.S. Customs and Border Protection (CBP)|0 Comments

IEEPA Tariff Refunds Likely Not Automatic: Why Importers Need a Refund Strategy
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IEEPA Tariff Refunds Likely Not Automatic: Why Importers Need a Refund Strategy
Import, tariffs

IEEPA Tariff Refunds Likely Not Automatic: Why Importers Need a Refund Strategy

Recent developments surrounding tariffs imposed under the International Emergency Economic Powers Act (IEEPA) have created both opportunity and uncertainty for U.S. importers. With the U.S. Supreme Court ruling that IEEPA-based tariffs are unlawful, many companies understandably assume that refunds will follow automatically. In reality, that is far from guaranteed.

For importers seeking to recover duties paid under these tariffs, a proactive legal and compliance strategy is essential.

A Favorable Ruling ≠ Automatic Refunds

The Supreme Court’s determination that IEEPA tariffs are unlawful represents a significant legal milestone. However, the decision does not, by itself, create a streamlined or automatic refund mechanism for affected importers.

On March 4, 2026, Judge Eaton of the Court of International Trade (CIT) issued an order directing U.S. Customs and Border Protection (CBP) to implement a refund process for certain entries that were assessed IEEPA duties. The order contemplated relief to all importers who paid IEEPA duties, stating, “All importers of record whose entries were subject to IEEPA duties are entitled to the benefit of the Learning Resources decision.” However, there is a real question as to whether the court actually has the power to order refunds for importers who have not filed a lawsuit at the CIT. The government is expected to appeal the order.

On March 6, 2026, the United States filed a declaration from Brandon Lord, Executive Director of the CBP Office of Trade with the CIT. […]

By Jennifer Diaz|2026-03-20T09:06:35-04:00March 20, 2026|Import, tariffs|0 Comments

Court Orders Refunds of IEEPA Tariffs – NOW Is the Time to File Litigation at the CIT
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Court Orders Refunds of IEEPA Tariffs – NOW Is the Time to File Litigation at the CIT
Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP), U.S. International Trade Commission (USITC)

Court Orders Refunds of IEEPA Tariffs – NOW Is the Time to File Litigation at the CIT

In a significant development for importers, on March 4, 2026, Judge Eaton of the Court of International Trade (CIT) issued a strong and detailed order requiring the refunds for entries of every plaintiff before the CIT who has challenged these IEEPA Tariffs.

The CIT Order

In the order, Judge Eaton clearly stated that the court has jurisdiction under 28 U.S.C. § 1581(i), the CIT has national jurisdiction and the ability to issue a broad order, that he is the judge to whom all IEEPA refunds have been assigned, and that he views the facts and law as clear. It is not clear whether he is also ordering the refunds for everyone else not in court, which will unquestionably be further litigated.

We note that in response to written questions from the court, U.S. Customs and Border Protection stated that they were continuing to liquidate entries with IEEPA duties if they were deposited at the time of entry, that they were not issuing refunds, and that they had not issued instructions to liquidate without IEEPA duties. They further stated that any refunds will require a review to determine if there was a violation of other customs laws or if other duties, taxes, and fees were still owed. In other words, CBP intends to conduct detailed reviews of all entries before issuing refunds. The responses provided by CBP to the Judge were reviewed by the Judge and likely resulted […]

By Jennifer Diaz|2026-03-06T10:40:19-05:00March 6, 2026|Import, International Trade, tariffs, U.S. Customs and Border Protection (CBP), U.S. International Trade Commission (USITC)|0 Comments

FDA Finalizes New National Drug Code Format
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FDA Finalizes New National Drug Code Format
Enforcement, Food, Import, Medical Devices, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)

FDA Finalizes New National Drug Code Format

On March 5, 2026, the Food and Drug Administration (FDA) published a Final Rule adopting a new format for the National Drug Code (NDC). The rule takes effect on March 7, 2033. On the effective date, the FDA will assign new 12-digit NDCs and convert all previously assigned 10-digit NDCs to the uniform 12-digit NDC format.

What is the NDC?

The NDC is an FDA standard for uniquely identifying drugs marketed in the U.S. Currently, the NDC assigned by the FDA for each listed drug marketed in the U.S. is a unique 10-digit number and can be in several different formats.

Current formats:

10-digit identifier

The FDA’s standard NDC is a 10-digit numerical identifier that includes a labeler code, product code, and package code.

There are 3 FDA-assigned formats for the standard NDC:

4-4-2
5-3-2
5-4-1

HIPAA Format

The Health Insurance Portability and Accountability Act (HIPAA) adopted a uniform 11-digit NDC format that must be used when a HIPAA-covered transaction includes an NDC. This 11-digit format is standardized into a 5-4-2 format and created by adding a leading zero to either the labeler, product, or package code.

Upcoming 6-Digit Format

The FDA will run out of 5-digit labeler codes in 10-15 years. Per FDA regulations (21 CFR 207.33), once the FDA runs out of 5-digit labeler codes, it will start assigning 6-digit labeler codes. Without this proposed change, there would be five NDC formats, 3 in 10- […]

By Jennifer Diaz|2026-03-05T10:07:14-05:00March 5, 2026|Enforcement, Food, Import, Medical Devices, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|0 Comments

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