Breaking Trade News: 122 Motion for Stay Denied, $275M OFAC Settlement, New FDA One-Day Inspectional Assessments

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

Courts  

  • The Court of International Trade (CIT) denied the government’s motion for a stay of enforcement of the court’s ruling against Section 122 tariffs and its order for an injunction against collecting Section 122 duties from the plaintiffs. 

Customs and Border Protection (CBP)  

  • CBP updated its CAPE FAQ page with several new questions and answers, including guidance on whether importers should file with the Court of International Trade, how interest is calculated, and what the agency is doing to prevent fraud.  
  • CBP announced new interim measures on several importers for the evasion of the AD/CVD duty orders on golf carts from China. 
  • CBP found reasonable suspicion that ICON EV, HDK Plastic Factory, Denago EV Corporation, Aero Import, Tao Motor, and Marxon had been entering covered merchandise from China through transshipment via Vietnam and misclassification. In a separate notice of investigation, CBP imposed the same requirements and had similar findings with Star EV Corporation. 
  • CBP announced new interim measures on Dymatec USA for evading an antidumping duty order on diamond sawblades from China.  
  • CBP
By |2026-05-22T15:32:46-04:00May 22, 2026|news, Snapshot|0 Comments

Breaking Trade News: CAFC 122 Stay, CAPE Progress Report, $549M FCA Settlement

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

Courts 

  • On May 12, the Court of Appeals for the Federal Circuit (CAFC) issued a stay of the CIT’s decision finding Section 122 tariffs are unlawful. The stay suspends the implementation of the CIT’s order while the appeal proceeds.  

Customs and Border Protection (CBP) 

  • CBP filed an updated IEEPA refund progress report with the CIT. Since April 20, 2026, 126,237 CAPE declarations have been filed. Of those, 1,880 were not issued refunds because ACH account information was not provided.  
  • CBP reported a 22% pass rate of the April 2026 customs broker license exam. Exam takers reported discrepancies between answers they recorded on their own scratch paper and the digital score reports. CBP acknowledged an issue with answer recording, but says it was resolved prior to the tests being graded. Reporting courtesy ITT.   
  • CBP, in collaboration with the U.S. Coast Guard and the FDA, seized more than 18 million units of electronic nicotine delivery systems (vapes) valued at over $175 million, as part of a targeted initiative called Operation Red Mist. 
  • CBP officers in Norfolk, VA, seized 105 […]
By |2026-05-15T10:42:56-04:00May 15, 2026|news, Snapshot|0 Comments

Breaking Trade News: CAPE Updates, 232 Guidance, 301 Hearings

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

 Administration

  • During a news conference, Secretary of State Marco Rubio said that any companies that abide by China’s blocking measures and ignore American sanctions will face U.S. secondary sanctions.

Customs and Border Protection (CBP)   

  • CBP published an updated list of error messages and definitions for Consolidated Administration and Processing of Entries (CAPE). 
  • CBP is seeking comment on a new Client Representative Technical Assistance Portal that will provide the public with a method to inform CBP of issues impacting the Automated Broker Interface and ACE electronic cargo systems transactions.
  • CBP issued a CSMS message guiding applying 25% Section 232 duties to the value of non-U.S. content for approved imports of medium- and heavy-duty vehicles (MHDVs) qualifying for preferential tariff treatment under USMCA.
  • CBP issued a CSMS message announcing that ACE functionality for the acceptance of Section 232 steel goods from the Netherlands as a melt and pour country will be available on May 7, 2026.
  • CBP published a Federal Register notice seeking comments on extending the use of the […]
By |2026-05-08T15:01:45-04:00May 8, 2026|news, Snapshot|0 Comments

Breaking Trade News: Tariff Refunds May 11, New 232 Duty-Free Code, Forced Labor Hearing

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

Customs and Border Protection (CBP)   

  • The first reciprocal tariff refunds will be issued on or around May 11, according to a summary of a closed CIT conference between CBP and Judge Eaton.  
  • CBP officers in Chicago intercepted a monkey carcass and 125 pounds of prohibited ruminant meat. 
  • CBP issued an extension of emergency import restrictions on some archaeological and ethnological material from Afghanistan, effective April 28, 2026.  

Department of Commerce 

  • Commerce published a Federal Register notice adding a duty-free code in the HTSUS to cover goods subject to the Section 232 aluminum, steel, or copper tariff regimes that do not, in fact, contain these metals.  This new provision applies retroactively to April 6, 2026, 

United States Trade Representative (USTR)   

  • USTR held a Section 301 review hearing to determine what burden on U.S. commerce resulted from other countries failing to keep goods made with forced labor out of their markets. 
  • USTR is seeking public comments on recommendations to modernize the African Growth and Opportunity Act. Recommendations will focus […]
By |2026-05-01T09:23:19-04:00May 1, 2026|news, Snapshot, Uncategorized|0 Comments

Breaking Trade News: CBP Launches CAPE Phase 1, USMCA Talks Continue, OFAC Sanctions

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

Administration   

  • In an interview with CNBC, President Trump commented about the difficulty in facilitating IEEPA refunds and suggested that he would remember companies that choose not to seek refunds. 

Customs and Border Protection (CBP)   

  • On April 20, CBP launched Phase 1 of the Consolidated Administration and Processing of Entries (CAPE). Importers of record (IORs) and licensed customs brokers may now file CAPE Declarations through ACE. 
  • CBP officers at Port Everglades seized 8,500 units of counterfeit designer perfumes, which would have been valued at over $1 million had they been genuine. 

Court of International Trade (CIT)   

  • CIT Judge Eaton ordered the government to file a report on the progress made during CAPE Phase One by April 28.  

U.S. Department of Commerce 

  • The Commerce Department published a notice outlining procedures for requesting tariff breaks on Canadian and Mexican steel and aluminum used to produce U.S. cars, trucks, and parts. 
  • In a budget request document, the Commerce Department referred to a Section 232 investigation that has not been publicly […]
By |2026-04-24T12:13:31-04:00April 24, 2026|news, Snapshot|0 Comments
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