tariffs

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 […]

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

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 […]

Trump Imposes 25% Tariff on Some Advanced Computing Chips

On January 14, 2026, President Trump signed a proclamation imposing a 25% tariff on certain semiconductors, semiconductor manufacturing equipment, and their derivatives. This tariff applies to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EST on January 15, 2026, and will continue indefinitely. The Administration released a fact sheet in conjunction with the proclamation, available here.

Background – 232 Investigation

The proclamation follows a nine-month Section 232 investigation into the effects of imports of semiconductors on the national security of the United States. The investigation, conducted by the Department of Commerce, found that semiconductors, semiconductor manufacturing equipment, and their derivative products are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States.

The action is part of a broader Administration effort to create incentives for chipmakers to produce more semiconductors in the U.S. and decrease reliance on foreign chip manufacturers. The proclamation noted that the U.S. only manufactures 10% of the chips it requires and that reliance on foreign manufacturers poses a “significant economic and national ‌security risk.”

Scope – What’s Covered

“Semiconductor articles” covered by the proclamation are defined as imported products meeting certain technical parameters and that are classifiable under HTSUS 8471.50, 8471.80, or 8473.30. To be included within the definition of semiconductor articles, the imported products must be a logic integrated circuit, or an article that contains a logic integrated circuit, that meets certain technical parameters. Full […]

By |2026-01-15T12:51:04-05:00January 15, 2026|tariffs|0 Comments

IEEPA May Be on the Chopping Block, But Your Duty Exposure Isn’t

On November 5, 2025, the Supreme Court of the United States (SCOTUS) held oral arguments for Trump v. V.O.S. Selections, Inc., regarding the legality of the International Emergency Economic Powers Act (IEEPA). The case will ultimately decide whether the Trump Administration has the authority to impose tariffs under IEEPA. Importers and trade professionals are watching the case closely, but even if the IEEPA tariffs are thrown out, the new administration has made clear that it will pivot and use other legal avenues to impose tariffs.  Since oral argument, multiple discussions have been held with the Department of Justice and the plaintiffs regarding any refund possibilities. Based on these discussions, it appears that the United States is anticipating losing this matter at the Supreme Court but wants to put barriers to recovery. The United States has also clearly stated that they intend to find other ways to impose similar duties.

The message is clear: even if the Supreme Court strikes down IEEPA tariffs, tariff exposure is here to stay. NOW is the time for importers to revisit their valuation practices, explore duty minimization strategies, and ensure they are taking every lawful step to minimize duty impact going forward.

Why Tariffs Will Stay Even if IEEPA Dies

Since the earliest days of the Trump Administration, the White House has made tariffs a cornerstone of their trade and “America First” policy. The President and Administration officials have repeatedly touted tariffs as one of the best tools available to level the international trade playing field, […]

By |2026-01-09T17:08:04-05:00January 9, 2026|tariffs|0 Comments
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