Diaz Trade Law Expands International Trade Practice with the Addition of Attorney Amber Pirson
FDA Finalizes New National Drug Code Format
On March 5, 2026, the Food and Drug Administration (FDA) published a Final Rule adopting a new format for the National Drug Code (NDC). The rule takes effect on March 7, 2033. On the effective date, the FDA will assign new 12-digit NDCs and convert all previously assigned 10-digit NDCs to the uniform 12-digit NDC format.
What is the NDC?
The NDC is an FDA standard for uniquely identifying drugs marketed in the U.S. Currently, the NDC assigned by the FDA for each listed drug marketed in the U.S. is a unique 10-digit number and can be in several different formats.
Current formats:
10-digit identifier
The FDA’s standard NDC is a 10-digit numerical identifier that includes a labeler code, product code, and package code.
There are 3 FDA-assigned formats for the standard NDC:
- 4-4-2
- 5-3-2
- 5-4-1
HIPAA Format
The Health Insurance Portability and Accountability Act (HIPAA) adopted a uniform 11-digit NDC format that must be used when a HIPAA-covered transaction includes an NDC. This 11-digit format is standardized into a 5-4-2 format and created by adding a leading zero to either the labeler, product, or package code.
Upcoming 6-Digit Format
The FDA will run out of 5-digit labeler codes in 10-15 years. Per FDA regulations (21 CFR 207.33), once the FDA runs out of 5-digit labeler codes, it will start assigning 6-digit labeler codes. Without this proposed change, there would be five NDC formats, 3 in 10- […]
New AD/CVD Case Filed Against Large Diameter Graphite Electrodes From China and India
A new antidumping and countervailing duty action has been filed against large diameter graphite electrodes from China and India. The allegation is that imports from China and India are unfairly subsidized and are being dumped.
Full list of exporters here.
Background on AD/CVD Investigations
Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.
Scope of the Investigation
The merchandise covered by these investigations is all large diameter graphite electrodes of any length, whether or not finished, of a kind used in furnaces, with a nominal or actual diameter exceeding 425 millimeters (16.7 inches), and whether or not attached to a graphite pin joining system or any other type of joining system or hardware.
The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 8545.11.0020, 3801.10.5090, and 3801.90.0050.
What Happened This Month in International Trade (February 2026)
Supreme Court
- On February 20, 2026, the Supreme Court issued its opinion in Learning Resources, Inc., et al. v. Trump, ruling that IEEPA does not authorize the president to impose tariffs.
Administration
- In response to the Supreme Court’s IEEPA ruling, President Trump issued a Proclamation imposing a 10% tariff on all goods under Section 122 of the Trade Act. The President also announced that he will be increasing it to the lawful maximum of 15%, but the effective date has not yet been set.
- President Trump signed an Executive Order continuing the suspension of duty-free de minimis treatment for all countries.
- The U.S. and Bangladesh released a joint statement on reciprocal trade. The U.S. is lowering the tariffs on Bangladeshi exports to 19% rather than the 20%. The U.S. will also establish a mechanism for a tariff rate quota for Bangladeshi textile and apparel imports, with goods coming in under the quota entering duty-free.
- President Trump announced on Truth Social that the U.S.’s trade deal with Japan is moving forward and that Japan will make its first set of investments under its $550 billion dollar commitment.
New AD/CVD Case Filed Against Truck Bed Covers From China
A new antidumping and countervailing duty action has been filed against Truck Bed Covers from China. The allegation is that imports from China are unfairly subsidized and being dumped.
Full list of importers and exporters here.
Background on AD/CVD Investigations
Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.
Scope of the Investigation
The merchandise covered by these investigations is truck bed covers, which are protective shields made of aluminum, fiberglass, carbon fiber, plastic, and/or water-resistant fabric that are seized to span the open-top area of a pickup truck.
The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheading: 8708.29.5160.
Full scope here.
Next Steps
The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach […]