tariffs Archives - Customs & International Trade Law Firm

Commerce Restricts Polysilicon Stockpiling Ahead of December 4 Section 232 Tariffs: What Importers and Customs Brokers Need to Know
Gallery
Commerce Restricts Polysilicon Stockpiling Ahead of December 4 Section 232 Tariffs: What Importers and Customs Brokers Need to Know
Customs Broker, Import, tariffs, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP)

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 Jennifer Diaz|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

Diaz Trade Law Of Counsel David Craven Challenges Treatment of AD/CVD Entries at the Court of International Trade
Gallery
Diaz Trade Law Of Counsel David Craven Challenges Treatment of AD/CVD Entries at the Court of International Trade
AD/CVD, tariffs, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)

Diaz Trade Law Of Counsel David Craven Challenges Treatment of AD/CVD Entries at the Court of International Trade

As U.S. Customs and Border Protection (CBP) continues processing refunds of tariffs unlawfully imposed under the International Emergency Economic Powers Act (IEEPA), one category of entries presents a particularly complicated problem: imports that are also subject to antidumping and countervailing duties (AD/CVD).

For these importers, the timing of an IEEPA refund could affect more than when they get their money back. It could potentially affect the amount of antidumping duties they ultimately owe.

David Craven, Of Counsel to Diaz Trade Law, represents Aditya Birla Chemicals USA Inc. and Pack Perfect Inc., and is challenging that problem before the U.S. Court of International Trade (CIT) in Aditya Birla Chemicals USA Inc. and Pack Perfect Inc. v. Trump, Court No. 26-00134.

On July 28, Craven filed a Motion to Lift Stay and for Issuance of Order Clarifying Refunds, asking the CIT to address an emerging conflict between CBP’s IEEPA refund process and the Department of Commerce’s calculation of antidumping duties.

At the heart of the case is a procedural catch-22: Commerce is treating IEEPA duties as a cost when calculating certain antidumping margins because the duties have not yet been refunded, while CBP’s current refund process may require the affected AD/CVD entries to liquidate before those refunds can be issued.

Why Type 03 Entries Are Different

Aditya Birla Chemicals and Pack Perfect […]

By Jennifer Diaz|2026-09-18T13:16:35-04:00September 18, 2026|AD/CVD, tariffs, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)|0 Comments

U.S.-Canada Tariff Escalation: New Section 338 Tariffs and Canadian Retaliatory Tariffs
Gallery
U.S.-Canada Tariff Escalation: New Section 338 Tariffs and Canadian Retaliatory Tariffs
tariffs

U.S.-Canada Tariff Escalation: New Section 338 Tariffs and Canadian Retaliatory Tariffs

Effective August 22, 2026, the United States began imposing additional 50% tariffs on certain products of Canada under Section 338 of the Tariff Act of 1930. The duties were imposed through three Presidential Proclamations, issued on July 20, 2026, addressing alleged Canadian discrimination against U.S. products including dairy, alcoholic beverages, and motor vehicles.

The tariffs were originally scheduled to take effect on August 19. On August 18, President Trump temporarily suspended their implementation for three days while negotiations with Canada continued, moving the effective date to 12:01 a.m. Eastern Time on August 22, 2026.

That temporary reprieve has now expired, and U.S. Customs and Border Protection (CBP) has issued guidance explaining how importers, customs brokers, and filers should handle affected entries.

What Is Section 338?

Section 338 of the Tariff Act of 1930, codified at 19 U.S.C. § 1338, gives the President authority to impose additional duties of up to 50% when a foreign country discriminates against U.S. commerce or imposes certain unreasonable or unequal restrictions that place U.S. commerce at a disadvantage.

Although Section 338 has existed for nearly a century, its use against Canada represents an unusual application of the statute.

The 50% Tariffs Cover Far More Than Alcohol, Dairy, and Cars

The July 20 proclamations invoked Section 338 in response to three categories of alleged Canadian discrimination: alcoholic beverages, dairy, and

By Jennifer Diaz|2026-08-28T08:47:57-04:00August 28, 2026|tariffs|0 Comments

New Section 232 Proclamation Targets Imports of Unmanned Aircraft Systems
Gallery
New Section 232 Proclamation Targets Imports of Unmanned Aircraft Systems
tariffs

New Section 232 Proclamation Targets Imports of Unmanned Aircraft Systems

On August 13, 2026, President Trump issued a new proclamation under Section 232 of the Trade Expansion Act imposing tariffs on certain imported unmanned aircraft systems (UAS) and their components. The Administration concluded that the United States’ dependence on foreign-manufactured UAS and critical UAS components threatens to impair national security by limiting the domestic industrial base and creating vulnerabilities in critical supply chains.

The proclamation follows a Section 232 investigation conducted by the Department of Commerce, which found that imports have outpaced domestic production and that the United States remains heavily reliant on foreign suppliers. The Administration also cited concerns surrounding cybersecurity, and dependence on unreliable supply chains.

What Does the Proclamation Do?

The proclamation establishes a new tariff framework based on the type of unmanned aircraft system, and, in some cases, the country of origin:

100% tariffs on UAS with a maximum take-off weight of more than 25 kg
100% tariffs on UAS that integrate thermal imagers
100% tariffs on UAS docking stations
100% tariffs on certain critical UAS components as identified in Annex I.
25% tariffs on UAS with a maximum take-off weight of 25 kilograms or less […]

By Jennifer Diaz|2026-08-17T09:39:05-04:00August 16, 2026|tariffs|0 Comments

New Section 201 Safeguard Tariffs on Quartz Surface Products
Gallery
New Section 201 Safeguard Tariffs on Quartz Surface Products
tariffs

New Section 201 Safeguard Tariffs on Quartz Surface Products

Short summary: President Trump’s new Section 201 safeguard measure establishes a four-year tariff-rate quota (TRQ) on imports of quartz surface products beginning August 15, 2026. While annual quota volumes gradually increase over the life of the measure, importers may face safeguard duties of up to 50% once quarterly quota allocations are exhausted, making careful planning essential.

On July 31, 2026, President Trump issued a proclamation imposing a Section 201 safeguard measure on imports of quartz surface products (QSP). The measure takes the form of a four-year tariff-rate quota (TRQ) and applies to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on Saturday, August 15, 2026.

If you import QSP, including countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and tiles, this measure will likely affect your imports.

How the Tariff-Rate Quota Works

A TRQ is not a flat tariff. A set volume of covered merchandise may enter each quota year at a lower in-quota rate under the new HTSUS heading 9903.45.30. Once that volume is exhausted, additional entries pay a substantially higher over-quota rate under new heading 9903.45.31.

The annual volume is divided into four equal quarterly tranches. Any unused portion of a quarterly tranche carries forward into the following quarter, and CBP is required to add the unused quantity to the next quarter’s total no later than 14 days after the prior quarter […]

By Jennifer Diaz|2026-08-10T10:14:31-04:00August 8, 2026|tariffs|0 Comments

12 Next