Customs & International Trade Law Blog

11 09, 2026

Breaking Trade News: New Canada Tariffs, BIS Annual Report, Monthly Trade Report

By Jennifer Diaz|2026-09-11T15:15:19-04:00September 11, 2026|news, Snapshot|0 Comments

This week’s recap of the latest customs and international trade news:

Administration

President Trump issued several proclamations imposing bans on imports of Canadian alcoholic beverages, dairy products, molasses, and non-alcoholic beer, and certain motorcycles, and added new products to the list subject to 50% Section 301 tariffs. The tariffs take effect Sept. 15, the ban takes effect Sept. 29.

Customs and Border Protection (CBP)

On Sept. 12, CBP will update ACE login security by adding SMS message as a two-factor authentication method.
CBP officers in Baltimore seized a shipment of over 8,500 falcata plywood sheets that were imported using a stolen identity, were undervalued, and were clandestinely imported from China.

Department of Justice (DOJ)

Two Texas-based operators of an online animal-health products business were sentenced to three months in prison and ordered to forfeit more than $1.5M for a smuggled veterinary drug and pesticide scheme.

International Trade Commission (ITC)

The ITC is seeking public comment on how the Commission can establish practices to identify discriminatory trade actions and make recommendations to the President. Comments are due November 9, 2026.

Bureau of Industry and Security (BIS)

BIS […]

11 09, 2026

BIS FY2025 Annual Report Signals Major Increase in Export Enforcement

By Jennifer Diaz|2026-09-11T14:55:38-04:00September 11, 2026|Best Practices, EAR, Enforcement, Export, U.S. Bureau of Industry and Security (BIS)|0 Comments

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released its Fiscal Year 2025 Annual Report to Congress, providing a detailed look at the agency’s export control, licensing, and enforcement activity.

Key Takeaways

BIS reports an 18-fold increase in penalties, from approximately $16 million in calendar year 2024 to approximately $324 million in 2025.
BIS completed 53 administrative enforcement actions, resulting in more than $108 million in civil penalties during FY2025.
BIS enforcement activity included 455 warning letters, 705 detentions, 232 seizures, and 29 denial orders.
BIS investigations resulted in 65 criminal convictions of individuals and companies during FY2025.
BIS completed 1,840 end-use checks across 73 countries, demonstrating the agency’s ability to scrutinize transactions even after goods leave the United States.
BIS added 142 entities to the Entity List, including parties associated with advanced computing, quantum technology, hypersonic weapons programs, and Iranian drone procurement.
Licensing for Entity List parties has become significantly more restrictive: BIS reports granting only 16 new licenses to Entity List companies during Q2–Q4 2025.
Exporters should reassess restricted-party screening, end-user and end-use diligence, product classification, licensing procedures, recordkeeping, and escalation protocols in light of […]

9 09, 2026

China Blacklists Six U.S. Supply Chain Tracing Providers: What UFLPA Importers Need to Know

By Jennifer Diaz|2026-09-09T12:19:28-04:00September 9, 2026|China, Forced Labor, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|0 Comments

On August 5, 2026, China’s Ministry of Commerce placed six U.S. supply chain due diligence entities on its countermeasure list and prohibited organizations and individuals in China from transacting or cooperating with them. The six include the DNA tagging, isotopic testing, supply chain mapping, and labor audit providers that many importers rely on to document origin when U.S. Customs and Border Protection (CBP) detains goods under the Uyghur Forced Labor Prevention Act (UFLPA). Importers in cotton, apparel, electronics, minerals, and other UFLPA high-priority sectors should treat this as a direct hit on their evidence chain and act now.

Key Takeaways

On August 5, 2026, China’s Ministry of Commerce (MOFCOM) issued Order No. 2 of 2026 placing six U.S. entities on its countermeasure list under the Anti-Foreign Sanctions Law: Applied DNA Sciences, Inc.; Stratum Reservoir, LLC; Altana Technologies, Inc.; Responsible Business Alliance; Verite Group, Inc.; and Human Rights in China.
The countermeasure prohibits organizations and individuals within China from engaging in relevant transactions, cooperation, and other activities with the six entities, effective August 5, 2026. The order imposes no asset freeze and no entry ban.
MOFCOM’s spokesperson tied the package to the July 31, 2026 addition of 43 entities to the UFLPA Entity List, published in the Federal Register on August 3, 2026, which brought the list to 187 entities.
The listed entities include providers of DNA tagging, […]

4 09, 2026

Breaking Trade News: CBP Supply Chain ANPRM, Trade Crimes Bill Passes House

By Jennifer Diaz|2026-09-04T16:17:35-04:00September 4, 2026|news, Snapshot|0 Comments

This week’s recap of the latest customs and international trade news:

Customs and Border Protection (CBP)

CBP published an advance notice of proposed rulemaking on September 2, 2026 that would give the agency visibility into every party in an import supply chain, from the foreign factory to the final delivery address.
Via CSMS message, CBP released guidance on the implementation of Section 232 duties on imports of unmanned aircraft systems that took effect September 3, 2026.
CBP will hold its quarterly Commercial Customs Operations Advisory Committee (COAC) meeting on Sept. 23, 2026.
CBP said that starting September 19, 2026, ACE will reject entries on which copper smelt and cast origin aren’t reported.

Courts

Diaz Trade Law’s David Craven filed a motion with the CIT on behalf of importers Aditya Birla Chemicals and Pack Perfect requesting that the court issue an order saying that all antidumping duty and countervailing duty entries that were subject to IEEPA tariffs must ultimately be refunded. The trade court scheduled an oral argument for the case on Sept. 15.
A group of 24 states filed a brief with the U.S. Court of Appeals […]

3 09, 2026

White House Releases National Security Science & Technology Strategy: What It Signals for CFIUS, Outbound Investment, and Export Controls

By Jennifer Diaz|2026-09-03T12:13:54-04:00September 3, 2026|CFIUS, EAR, Export, U.S. Bureau of Industry and Security (BIS), U.S. Department of Treasury, Uncategorized|0 Comments

As mandated by Section 10612 of the CHIPS and Science Act, the White House Office of Science and Technology Policy (OSTP) issued the National Security Science and Technology Strategy (NSSTS), which implements the S&T priorities of the 2025 National Security Strategy. While framed as a technology strategy, the NSSTS previews concrete near-term action on CFIUS, outbound investment, export controls, and federal research security — direct touchpoints for clients in cross-border investment, controlled technology, and federally funded R&D.

Key Takeaways

CFIUS’ scope is set to expand. The Administration will seek authority, in consultation with Congress, to monitor high-risk “greenfield” investments and to expand CFIUS’s critical-technology jurisdiction, while continuing to calibrate scrutiny to an investor’s “verifiable distance” from adversary-linked actors under the America First Investment Policy’s allied fast-track approach.
Outbound investment restrictions will broaden. Treasury will refine and likely expand the Outbound Investment Security Program (Comprehensive Outbound Investment National Security Act of 2025) beyond its current scope – AI, quantum, semiconductors, supercomputers, and hypersonics – to reach additional sectors implicated by China’s military-civil fusion strategy. Although the current NSSTS did not reference other countries by name, the strategy will likely be implemented in a way that circumvents particular investments in Hong Kong, Macau, Cuba, Iran, Russia, Iran, and North Korea – in line with President Trump’s “America-first investment policy,” published in February 2025.
Export controls: deregulation and new restrictions in parallel. BIS is streamlining select controls (e.g., a […]

3 09, 2026

Wood Packaging Material Violations: What to Do When CBP Issues an EAN

By Jennifer Diaz|2026-09-03T12:09:16-04:00September 3, 2026|Enforcement, Import, Penalty, U.S. Customs and Border Protection (CBP), U.S. Department of Agriculture (USDA), Uncategorized|0 Comments

This article explains what an importer should do in the first 24 hours after CBP issues an Emergency Action Notification (EAN) for non-compliant wood packaging material (WPM), how CBP calculates and mitigates the penalties that follow, and how the new APHIS-approved shredder-hammermill treatment can save the underlying cargo. It matters because a WPM penalty is assessed at the full domestic value of the merchandise, requires no pre-penalty notice, and can be issued even when the importer fully complies with the EAN. The decisions made before the cargo leaves the port determine how much of that exposure survives.

KEY TAKEAWAYS

An Emergency Action Notification (EAN) for non-compliant wood packaging material is not the end of the matter. It is the start of a penalty file. Call counsel the day it arrives, not the day the penalty notice arrives.
CBP penalties for WPM violations are assessed at the domestic value of the merchandise under 19 U.S.C. § 1595a(b), with no pre-penalty notice required. A single violation is enough. The old five-violation threshold was eliminated in 2017.
Mitigation is real but shrinks fast: 1 to 10 percent of the penalty on a first violation, 10 to 25 percent on a second, and a 25 percent floor on the third. Documented immediate remediation and cooperation are what move you toward the low end.
Shredder-hammermilling is now an APHIS-approved treatment for non-compliant […]

3 09, 2026

BIS End-Use Checks: What Happens When an Export Control Officer Calls Your Customer

By Jennifer Diaz|2026-09-03T12:03:09-04:00September 3, 2026|Best Practices, EAR, Enforcement, Export, U.S. Bureau of Industry and Security (BIS)|0 Comments

BIS has published a plain-language FAQ on its End-Use Check program, the on-site visits its Export Control Officers conduct at foreign consignees and end users of U.S.-origin items. This article explains what those visits are, what your foreign customer will be asked to produce, the statutory and regulatory authority behind the request, and the consequences when a check cannot be completed. It matters because the penalty for a failed check falls on the exporter’s ability to ship, not only on the foreign party being visited.

Key Takeaways

An End-Use Check (EUC) is BIS verifying, on site and overseas, that your foreign customer is who it says it is and used your items the way the license or the EAR required.
A failed or incomplete check does not need a finding of wrongdoing to hurt you. The customer can land on the Unverified List, license exceptions disappear, and every shipment then requires a UVL statement.
Since October 2022, a check that stays incomplete for 60 days after Unverified List placement, because a host government blocks it, triggers Entity List proceedings.
The exporter’s exposure is set before the visit ever happens: by the accuracy of the license application, the quality of the paper trail, and whether the foreign party was told what to expect.
Diaz Trade Law prepares exporters […]

31 08, 2026

CBP eRecordation Program Update: What Rights Holders and Importers Should Watch After CBP’s August 2026 Briefing

By Jennifer Diaz|2026-08-31T09:45:38-04:00August 31, 2026|Enforcement, International Law, International Trade|0 Comments

CBP’s Intellectual Property Enforcement Branch briefed eRecordation holders on August 27, 2026 on changes to the recordation application, future expanded pre-seizure disclosure authority, pending legislation, and an enforcement posture that has to consequence delivery, especially collecting penalties for IP violations. This article updates our earlier overview of CBP’s recordation program and identifies the items that should prompt rights holders to revisit existing recordations and importers to tighten sourcing controls. If your recordation was filed more than a year ago, several of these changes affect you directly.

KEY TAKEAWAYS

CBP’s FY 2025 IPR seizures reached roughly 78 million items with an MSRP near $7.4 billion, up sharply from the FY 2024 figures.
The e-Recordation portal now validates against USPTO data. Supplemental Register marks, dead registrations, and classes not on the principal registration are rejected.
Renewals are $80 per class and ownership changes are $80. Up to three contact emails are now accepted; one should be a monitored general inbox.
CBP is piloting a Master Price List collection (national MSRP for every covered product), which will be an upload option on new applications and renewals.
The Counterfeit Notification Act, which would let CBP share shipping labels, invoices, and e-commerce platform information with rights holders and their representatives , has passed both the House and Senate but must still clear final congressional action before being […]

28 08, 2026

DHS Adds 43 Companies to the UFLPA Entity List, the Largest Expansion Yet

By Jennifer Diaz|2026-08-28T14:31:22-04:00August 28, 2026|Enforcement, International Business, International Law, news|Comments Off on DHS Adds 43 Companies to the UFLPA Entity List, the Largest Expansion Yet

On July 31, 2026, the Department of Homeland Security, acting on behalf of the Forced Labor Enforcement Task Force (FLETF), announced the addition of 43 companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, along with technical updates to the official names of two entities already listed.

The New List

The revised list published as an appendix to a Federal Register notice on August 3, 2026, bringing the total to 187 entities, a roughly 30% increase, and the single largest expansion since the UFLPA took effect in 2022. The newly designated companies operate in DHS’s high-priority enforcement sectors, including aluminum, apparel, copper, cotton, and tomatoes and downstream products. Notably, a substantial share of the additions are headquartered outside the Xinjiang Uyghur Autonomous Region (XUAR), in provinces such as Shandong, Jiangsu, and Henan, which highlights that Entity List exposure is not a question of geography alone.

CBP’s UFLPA Authority

Under the UFLPA, U.S. Customs and Border Protection (CBP) applies the UFLPA’s rebuttable presumption under 19 U.S.C. § 1307 to goods mined, produced, or manufactured wholly or in part by any of the newly listed entities, and, critically, to downstream merchandise that incorporates their inputs. There is no de minimis threshold: a single component, raw material, or subassembly traceable to a listed company can support detention of an entire shipment.

To secure release, an importer must either show that the UFLPA […]

28 08, 2026

What Happened This Month in International Trade (August 2026)

By Jennifer Diaz|2026-08-28T14:08:26-04:00August 28, 2026|news, Snapshot|Comments Off on What Happened This Month in International Trade (August 2026)

Another busy month in international trade news. Here’s the roundup:

Administration:

President Trump issued a proclamation imposing section 232 tariffs on certain imported unmanned aircraft systems (UAS), stating that the United States’ dependence on foreign-manufactured drones and critical drone components threatens to impair national security.
The White House’s Office of Trade and Manufacturing Policy published a report discussing transshipment. The Administration estimates potential illegal transshipment in the range of $34.2 billion to $89.6 billion.
President Trump issued an Executive Order creating a new national-security framework that can block certain foreign-produced electrical-grid equipment from being imported, purchased, transferred, or installed in the United States.

Canada Tariffs:

Canada announced that it is imposing tariffs of 15%, 25% or 50% on U.S. goods in a response to new 50% Section 338 tariffs on Canadian goods. The tariff changes match the 338 action dollar for dollar, and cover 6% of U.S. exports to Canada.

Customs and Border Protection (CBP)

CBP filed an update with the CIT in the IEEPA refunds case. Over $132 billion in potential and certified refunds have been accepted for processing via CAPE. 272,029 CAPE declarations have been submitted, of which […]