tariffs Archives - Customs & International Trade Law Firm

Upcoming November 9 Deadline: USITC Requests Input on Section 338 Trade Authority
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Upcoming November 9 Deadline: USITC Requests Input on Section 338 Trade Authority
International Trade, tariffs, U.S. International Trade Commission (USITC)

Upcoming November 9 Deadline: USITC Requests Input on Section 338 Trade Authority

The U.S. International Trade Commission (USITC) is seeking public comments on how it should implement Section 338(g) of the Tariff Act of 1930, a longstanding but rarely used provision addressing discriminatory trade practices by foreign governments.

In a notice published in the Federal Register on September 9, 2026, the USITC announced that it is considering establishing procedures to identify discriminatory foreign trade practices, collect information from affected businesses, and provide findings and recommendations to the President.

The initiative could have significant implications for U.S. businesses engaged in international trade, particularly exporters facing discriminatory treatment abroad and importers potentially affected by future trade measures.

KEY TAKEAWAYS:

USITC Seeks Input on Section 338: The U.S. International Trade Commission (USITC) is requesting public comments on implementing procedures under 19 U.S.C. § 1338(g) to identify and investigate discriminatory foreign trade practices.
Potential for Additional Tariffs: Section 338 authorizes the President to impose additional tariffs of up to 50% on products from countries found to engage in certain discriminatory trade practices.
New Opportunities for Businesses to Report Discrimination: The proposed procedures could provide U.S. exporters and other affected businesses with a more formal process for reporting discriminatory foreign trade barriers.
No Immediate Changes to Import Requirements: The notice […]

By Jennifer Diaz|2026-11-04T10:34:48-05:00November 4, 2026|International Trade, tariffs, U.S. International Trade Commission (USITC)|0 Comments

IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit
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IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit
tariffs, U.S. Customs and Border Protection (CBP)

IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit

By Jennifer Diaz and David Craven | October 2026

On October 8, 2026, the U.S. Court of International Trade certified a nationwide class of importers of record that paid IEEPA duties and have not filed their own refund lawsuits, in Freestyle World, Inc. v. CBP, Ct. No. 26-01088. Certification does not issue refunds, and class members do not have access to CAPE Phase 3, which CBP opened on October 6 for finally liquidated entries of importers holding their own court orders. Importers with significant refunds on finally liquidated entries should weigh filing their own case now rather than waiting on the class.

Key Takeaways

On October 8, 2026, the U.S. Court of International Trade (CIT) certified a class of importers of record that paid IEEPA duties between February 1, 2025, and February 19, 2026, excluding any entity that separately filed its own refund action.
Class certification is not a refund order. The CIT has not entered classwide relief, and further proceedings are pending.
CBP deployed CAPE Phase 3 on October 6, 2026, for finally liquidated entries of importers that filed suit and hold court orders directing reliquidation. Class members do not currently have Phase 3 access through the class.
As of October 19, 2026, the government had not appealed the class […]

By Jennifer Diaz|2026-10-29T09:56:53-04:00October 19, 2026|tariffs, U.S. Customs and Border Protection (CBP)|0 Comments

Commerce Restricts Polysilicon Stockpiling Ahead of December 4 Section 232 Tariffs: What Importers and Customs Brokers Need to Know
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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
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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
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U.S.-Canada Tariff Escalation: New Section 338 Tariffs and Canadian Retaliatory Tariffs
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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

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