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What Happened This Month in International Trade (March 2026)
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What Happened This Month in International Trade (March 2026)
news, Snapshot

What Happened This Month in International Trade (March 2026)

Another busy month in customs & international trade news:

Court of International Trade (CIT)

On March 4, 2026, Judge Eaton issued a strong and detailed order requiring the refunds of IEEPA Tariffs. We expect the government to appeal this order. Judge Eaton issued subsequent orders: (i) suspending the previous order to allow CBP time to implement their refund process; (ii) amending the previous order to include Brazil and India IEEPA tariffs.
New York Attorney General Letitia James and prosecutors from 23 other states filed a lawsuit in the CIT to block President Trump’s global tariff regime under Section 122 and order refunds to states.

Administration

President Trump issued a 60-day waiver to the Jones Act, temporarily allowing foreign-flagged ships carrying oil and gas to travel between US ports.

Customs and Border Protection (CBP)

CBP ruled that the submission of a CBP Form 5106 on an importer’s behalf constitutes “customs business” and requires a broker license.
CBP’s Trade and Cargo Security Summit has been rescheduled to Sept. 8-10, from its original dates in April. CBP said this is due to the DHS lapse in appropriations.

Congress

By Jennifer Diaz|2026-03-27T12:35:21-04:00March 27, 2026|news, Snapshot|0 Comments

Foreign Investment Triggers BEA Reporting: Is Your Company Compliant with U.S. Reporting Requirements?
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Foreign Investment Triggers BEA Reporting: Is Your Company Compliant with U.S. Reporting Requirements?
U.S. Bureau of Economic Analysis

Foreign Investment Triggers BEA Reporting: Is Your Company Compliant with U.S. Reporting Requirements?

What is the BEA?

The Bureau of Economic Analysis (BEA) compiles official statistics on foreign direct investment (FDI)—both inbound (foreign ownership of U.S. businesses) and outbound (U.S. ownership of foreign businesses). Those numbers come from mandatory surveys in 15 C.F.R. Part 801 (e.g., BE‑13, BE‑15, BE‑12, BE‑10), and the government has been actively tuning, publicizing, and correcting these rules—then expecting companies to file on time, with penalties for noncompliance.

Who Must Report?

The BEA requires any U.S. business enterprise, except certain private funds, in which 1) at least 10% of the U.S. business has been acquired by a foreign entity, and 2) the acquisition cost greater than $40 million, to report the acquisition, expansion, or creation of its business in the U.S. Similarly, the U.S. entity with a foreign affiliate must report its outbound investment to the BEA.

Penalties for Not Reporting

Although the BEA rarely makes headlines for high-profile enforcement cases, BEA surveys are not optional. U.S. companies that fall within the scope of these rules, and fail to report to the BEA, are subject to a civil penalty under 22 U.S.C 3105. Additionally, a willful failure to report could lead to both a monetary fine and, if an individual, imprisonment for up to one year (See Forms BE-13A, -13C, -13D, -10A) The monetary fines range between $5,761 to $5,911 for negligent failure to furnish information, and between $57,617 to $59,114 for the willful failure to furnish information.

Reports to the BEA generate the backbone of official FDI statistics that investors, journalists, […]

By Jennifer Diaz|2026-03-27T15:59:21-04:00March 24, 2026|U.S. Bureau of Economic Analysis|0 Comments

Breaking Trade News: Jones Act Waiver, CBP 5106 Ruling, OFAC Sanctions
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Breaking Trade News: Jones Act Waiver, CBP 5106 Ruling, OFAC Sanctions
news, Snapshot

Breaking Trade News: Jones Act Waiver, CBP 5106 Ruling, OFAC Sanctions

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

Administration

President Trump issued a 60-day waiver to the Jones Act, temporarily allowing foreign-flagged ships carrying oil and gas to travel between US ports.
The text of the Ecuador-U.S. trade agreement was released and includes a long list of products that will receive most-favored nation tariff rate treatment in the U.S. Roughly 50% of Ecuador’s exports will see MFN treatment as a result of the deal.

Customs and Border Protection (CBP)

CBP ruled that the submission of a CBP Form 5106 on an importer’s behalf constitutes “customs business” and requires a broker license.
CBP seized 35 e-bikes from China that violated federal motor vehicle safety standards.
Ahead of Passover and Easter season, CBP issued a reminder to check the latest agricultural import requirements for those traveling with fresh flowers, plants, seeds, fruits, vegetables, and decorated eggs.
CBP officers at the Port of Rochester and Port of Buffalo seized a variety of designer items bearing counterfeit trademarks. Had these designer items been genuine, the total manufacturer-suggested retail price (MSRP) value would […]

By Jennifer Diaz|2026-03-20T12:29:21-04:00March 20, 2026|news, Snapshot|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

Avoid Penalties, Build Confidence: Importers Thrive in CBP’s Recordkeeping Compliance Program
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Avoid Penalties, Build Confidence: Importers Thrive in CBP’s Recordkeeping Compliance Program
U.S. Customs and Border Protection (CBP)

Avoid Penalties, Build Confidence: Importers Thrive in CBP’s Recordkeeping Compliance Program

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

What Is the Recordkeeping Compliance Program?

U.S. Customs and Border Protection (CBP) requires importers to maintain and produce specific records related to their entries. Under 19 C.F.R. § 163.12, CBP offers a Recordkeeping Compliance Program—a voluntary and free certification program designed to help importers strengthen their internal controls, improve record management, and demonstrate a proactive commitment to compliance.

At its core, the program allows importers to work collaboratively with CBP to ensure they understand their obligations under the Customs Modernization Act (Mod Act) and are equipped to meet them. Certification signals that an importer has established reliable procedures for maintaining, retrieving, and producing required entry records.

What Are the Benefits of the Program?

Participating in the Recordkeeping Compliance Program offers several meaningful advantages:

Reduced Exposure to Penalties

Certified importers may receive mitigation benefits if they inadvertently fail to produce certain records. CBP recognizes that certified companies have invested in compliance infrastructure and may treat isolated lapses more leniently.

Stronger Relationship With CBP

Certification demonstrates good faith and transparency. Importers who demonstrate that they take compliance seriously often experience smoother interactions with CBP, including during audits, inquiries, and enforcement actions.

Improved Internal Controls

The certification process requires importers to evaluate and […]

By Jennifer Diaz|2026-03-18T12:11:17-04:00March 18, 2026|U.S. Customs and Border Protection (CBP)|0 Comments

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