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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
- U.S. House Representative Steube introduced a bill that would ban the import of energy storage systems that include remote monitoring capabilities, if they are made by Chinese-owned firms, or made with technology licensed from Chinese firms.
- A group of democrat U.S. House Representatives introduced a bill called the Tariff Free Farming Act to end higher tariffs on farming products, including steel, lumber, fencing, tractors, combines, replacement parts, animal feed, fertilizer, and more.
- The Securing Accountability in Foreign Entries (SAFE) Act has been introduced in both the House and Senate. The bill would restrict who can act as an importer of record, in an attempt to limit non-resident IORs.
Department of Commerce
- 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.
Bureau of Industry and Security (BIS)
- BIS announced an Administrative Enforcement Settlement with Teledyne FLIR LLC and its affiliates for 19 EAR violations involving the company’s export of thermal imaging cameras to China.
United States Trade Representative (USTR)
- Representative Greer delivered President Trump’s 2026 Trade Policy Agenda and 2025 Annual Report to Congress. The Report offers a comprehensive account of USTR’s actions to support President Trump’s trade agenda, including negotiations with key trading partners to protect U.S. jobs and expand market access for U.S. exporters.
- USTR released the findings of its 2025 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List). The list identified 37 online markets and 32 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy.
- On March 12, 2026, USTR initiated a Section 301 Investigation into the practices of various economies, including those of US allies and long-standing trade partners, for their alleged failure to prohibit the importation of goods produced with forced labor.
Office of Foreign Assets Control (OFAC)
- OFAC issued six new Venezuela-related Frequently Asked Questions.
- OFAC designated four “sham” charities that directly fund Hamas’s Military Wing and its terrorist activities. Persons are blocked and must be reported to OFAC.
- OFAC announced that TradeStation Securities, Inc. has agreed to pay $1.1M to settle its potential civil liability for 481 apparent violations of OFAC sanctions programs arising from the company’s provision of brokerage and investment services to persons in Iran, Syria, and Crimea.
Food and Drug Administration (FDA)
- On March 5, 2026, the FDA published a Final Rule adopting a new format for the National Drug Code (NDC). The rule takes effect on March 7, 2033.
Consumer Product Safety Commission (CPSC)
- A Japanese manufacturing company has agreed to pay an $11.5 million civil penalty following charges that the company knowingly failed to report to CPSC that some of its bicycle models contained a defect that could create a serious risk of injury or death to consumers.
Federal Maritime Commission (FMC)
- The FMC has denied requests from several ocean carriers for special permission to increase rates on containers affected by the closure of the Strait of Hormuz.
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