News & Articles

New AD/CVD Case Filed on Fresh Mushrooms from Canada 

A new antidumping and countervailing duty action has been filed on fresh mushrooms from Canada. The allegation is that imports from Canada are unfairly subsidized and are being dumped.   

Full list of exporters here. 

Full list of importers 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 fresh mushrooms of the genus Agaricus.  

The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 0709.51.0100. 

Full scope here.   

Next Steps 

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 […]

By |2025-09-17T16:02:12-04:00September 17, 2025|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments

De Minimis No More: What it Means for Importers and Consumers

President Trump’s Executive Order suspending duty-free de minimis treatment of shipments entering the U.S. took effect last week. The de minimis exemption has been used by retailers around the world catering to the American shopper, and the end of the policy is causing a ripple effect around the globe.

What is De Minimis?

De minimis is a Latin term that means “of the smallest things,” “trifling,” “insignificant.” In the U.S., the de minimis rule dates back to the Tariff Act of 1930. Upon passage of the act, individuals and businesses were permitted to import shipments under $200 without paying duties and taxes. 

The intent behind the exemption was to allow CBP to focus on higher-risk and higher-revenue imports and to encourage small-scale trade. In 2016, the U.S. raised the de minimis threshold to $800 with the passage of the Trade Facilitation and Trade Enforcement Act. 

After the 2016 change, de minimis shipments surged, from 139 million in FY 2015 to 1.36 billion in FY 2024. International retailers took advantage of the new threshold, and many U.S. policymakers began referring to de minimis as a “loophole.” 

Citing safety and fairness concerns, there were dozens of unsuccessful efforts in the U.S. Congress to end de minimis. Finally, the Big Beautiful Bill of 2025

ICYMI: FDA Launches Nationalized Entry Review Program (NER)

FDA recently implemented the Nationalized Entry Review Program (NER), which centralizes how the agency reviews imports nationwide. The program is effective as of August 4, 2025. Key changes include: 

  • Coordinated National Response: Rather than each port conducting manual reviews of certain entries on its own, specialized teams now coordinate their efforts across the country to more quickly identify and stop dangerous products.

  • Harmonized Real-Time Alert System: If the FDA detects a high-risk product at one port, such as contaminated infant formula or counterfeit drugs, alerts are immediately shared across all ports so they can watch for the same threats.

  • Improved Efficiency: Built on a successful 2022 pilot, the NER program has sped up processing by 70% and increased detection of high-risk products by 36%.

  • Expanded Reviewer Capacity: The program allows for more FDA reviewer availability and collaboration across the national network. 

The FDA’s current evaluative standards, regulatory requirements, and admissibility thresholds remain the same. 

The FDA has also published a communications guide that includes general contact protocols, hot shipments handling, email formatting requirements, and FAQs.

Diaz Trade Law provides assistance with FDA pre-compliance as well as assistance in successfully navigating FDA enforcement actions. For assistance with NER requirements or other FDA matters, contact us […]

Breaking Trade News: Supreme Court to Hear IEEPA Tariffs Case, USMCA Tariff Refunds, Reciprocal Tariff Modifications

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

Industry News
  • The Supreme Court will hear (on an expedited basis) two cases that challenge the legality of tariffs imposed under the International Emergency Economic Powers Act. Arguments are set for the first week of November.
  • Nike reached a settlement with a freight forwarder and importer over their alleged importation of counterfeit items.  
  • Speaking on NBC’s “Meet the Press,” Treasury Secretary Scott Bessent said that the Treasury Department will have to give refunds if the IEEPA tariffs are ultimately ruled unlawful by the Supreme Court. Bessent did not comment further on the refund process or which parties will be eligible to receive refunds; therefore, Diaz Trade Law recommends that importers file their own lawsuit to preserve their ability to collect future refunds. 
  • According to two companies interviewed by International Trade Today, sureties that provide importers with customs bonds say that they’re able to handle covering the potentially significantly higher amounts of duties that importers may owe because of tariff rate increases.
Administration
  • President Trump and Prime Minister of India Narendra Modi both posted on social media that trade negotiations between the two countries are moving forward. 
  • On September 5, 2025, […]
By |2025-09-12T09:11:10-04:00September 12, 2025|news, Snapshot|0 Comments

Breaking Trade News: De Minimis Implementation, New DOJ Task Force, FDA Import Alert

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

Administration
  • President Trump said that the administration will petition the Supreme Court to make an expedited ruling on the legality of the IEEPA tariffs. 
Customs and Border Protection (CBP)
  • CBP published a new 2025 tariff requirements cheat sheet. View here.
  • CBP published a Federal Register Notice effectuating President Trump’s Executive Order ending duty-free de minimis treatment for shipments from all countries.
  • CBP published a press release announcing enforcement and processes for the end of the de minimis exception.
  • CBP is aware that entries released before Aug. 18, 2025, are being rejected with the error: 794 – Additional Dec Type Required for article. The rejection is occurring for certain steel/aluminum derivative imports. CBP is looking into the issue.
  • CBP released guidance for the consensual monitoring of telephone conversations by employees of the Customs Service.
  • CBP reminds all importers, brokers, and other trade community members to take the ACE user satisfaction survey. Due September 12, 2025.
Department of Justice (DOJ)
  • The DOJ launched a cross-agency Trade Fraud Task […]
By |2025-09-05T09:37:46-04:00September 5, 2025|news, Snapshot|0 Comments
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