September 2025 | Customs & International Trade Law Blog

New AD/CVD Case Filed on Chromium Trioxide from India and Turkey

A new antidumping and countervailing duty action has been filed on Chromium Trioxide from India and Turkey. The allegation is that imports from India and Turkey are unfairly subsidized and are being dumped.

Full list of exporters here.

Full list of importers here.

Full list of census data 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 chromium trioxide (Chemical Abstracts Services (“CAS”) registry number 133-82-0), regardless of form (dry or solution).

The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 2819.10.0000.

Full scope here.

Next Steps

The Commerce Department will determine whether to initiate […]

By Jennifer Diaz|2025-09-30T12:46:44-04:00September 30, 2025|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off

What Happened This Month in International Trade (September 2025)

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

Administration

On September 5, 2025, President Trump signed Executive Order 14257 modifying the scope of reciprocal tariffs. The EO carves out dozens of items, including nearly 40 minerals.
President Trump threatened a 301 investigation of the European Union if it does not stop its “discriminatory actions” of large fines against U.S. tech companies.
The Administration published the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions. Several regulations impacting international trade were identified, including regulations from the State Department, FDA, Treasury, USDA, and the FMC.
President Donald Trump announced via social media that the Administration will be imposing new tariffs on kitchen cabinets, bathroom vanities, upholstered furniture, brand-name pharmaceuticals, and heavy trucks. The tariffs are set to begin on Oct 1.

Customs and Border Protection (CBP)

CBP published a new 2025 tariff requirements cheat sheet. View here.
CBP published a press release announcing enforcement and processes for the end of the de minimis exception.
CBP announced at the September COAC meeting that the agency is […]

By Jennifer Diaz|2025-09-29T07:38:57-04:00September 29, 2025|news, Snapshot|Comments Off

CBP’s Recordation Program

Editor’s Notes: Participation in CBP’s Recordation Program is one of the most effective ways for intellectual property rightsholders to protect their brand at the border. If you took the time to register your trademark or copyright with the USPTO, then consider taking the extra step to record that trademark or copyright with CBP. This article covers: (i) the difference between registration and recordation; (ii) key benefits of recording with CBP; (iii) how to record with CBP; and (iv) how CBP enforces IP infringement at the border.

The Most Effective Way to Protect Your Brand at the Border

For Intellectual property (IP) owners in the United States, obtaining a trademark or copyright registration is a critical step to protect their work. However, registration is only half the battle. IP owners need to have robust monitoring processes in place to find and enforce against infringers. That’s where U.S. Customs and Border Protection (CBP) comes in. Through CBP’s recordation program, brand owners can enlist tens of thousands of CBP officers as their first line of defense against infringing imports at all 328 U.S. ports of entry. This proactive strategy empowers rightsholders to leverage federal enforcement power at the border—stopping counterfeits before they hit the market.

IP Registration vs. Recordation

The U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office are responsible for […]

By Jennifer Diaz|2025-09-26T09:27:02-04:00September 26, 2025|Bloomberg, Counterfeits, Enforcement, U.S. Customs and Border Protection (CBP)|Comments Off

Potential Government Shutdown on the Horizon and No Contingency Plans in Sight

Government funding will lapse at midnight on Tuesday, September 30, absent Congressional action. With a number of contentious issues still at play, including spending limits, immigration policy, and healthcare funding, some say a shutdown is looking more and more likely.

What makes this potential shutdown different from previous lapses in funding is the lack of contingency plans within the relevant agencies. The White House’s Agency Contingency Plan page is blank.

Until agencies update their guidance, we can only look to previous contingency plans.

Below is a breakdown of previously issued agency guidance.

U.S. Customs and Border Protection

According to the Department of Homeland Security’s most recent contingency plan (March 2025), cargo inspection functions at ports of entry will remain active during a shutdown. However, certain activities, such as training and auditing, are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc., would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in reviewing the Enforce and Protect Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) allegations.

U.S. Department of Commerce

According to the Department of Commerce’s most recent contingency plan (September 2023), some International Trade Administration (ITA) activities, […]

By Jennifer Diaz|2025-09-26T09:30:46-04:00September 26, 2025|Enforcement, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Homeland Security (DHS), U.S. Department of State (DOS), U.S. Food and Drug Administration (FDA)|Comments Off

Reminder! Three Upcoming USTR Filing Deadlines

This month, the United States Trade Representative (USTR) announced it is seeking comments from the public and trade community on three initiatives: (i) extension of 301 exclusions; (ii) the National Trade Estimate Report on Foreign Trade Barriers, and (iii) joint Review of USMCA.

Extending 301 Exclusions

There are currently 178 effective exclusions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. These products are exempt from additional 301 duties. USTR has extended these exclusions several times, including a recent 90-day extension through November 29, 2025. USTR is seeking public comment on whether any of the 178 effective exclusions warrant further extension beyond November 29, 2025.

Comments are due October 16, 2025.

National Trade Estimate Report

Each year, USTR publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is seeking input to assist it in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment.

Commenters should submit information related to one or more of the following categories of foreign trade barriers:

Import policies
Technical barriers to trade
Sanitary and phytosanitary measures
Government procurement
Intellectual property protection
Services
Investment

[…]

By Jennifer Diaz|2025-09-25T10:36:42-04:00September 25, 2025|Enforcement, International Trade, U.S. Trade Representative (USTR), USMCA|Comments Off

Breaking Trade News: New CBP Forced Labor Portal, USTR Seeks Comment on USMCA & 301

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

Customs and Border Protection (CBP)

CBP updated its FAQ on e-Commerce, clarifying that International mail can’t benefit from exemptions from reciprocal tariffs for subheadings listed as exempt.
CBP announced at the September COAC meeting that the agency is planning to release a dedicated forced labor portal in FY 2026 that importers will be required to use.
CBP’s COAC de minimis working group offered recommendations to CBP to bolster entry processing in ACE amid the end of the de minimis exemption on Aug. 29. These recommendations include treating postal shipments similarly to how CBP handles low-value shipments via other transportation modes.
CBP added more parties to the list of those qualified to handle the payment of duties on international mail shipments.
CBP recently discovered and detained several international food shipping containers that contained radioactive isotopes. As a result of these discoveries, the FDA issued a food safety alert on certain frozen shrimp products.
The customs broker permit user fee will change from $180.57 to $185.38. All broker permits issued on or after October 1, 2025, […]

By Jennifer Diaz|2025-09-19T09:58:47-04:00September 19, 2025|news, Snapshot|Comments Off

FDA Launches Real-Time Adverse Event Reporting Dashboard for Cosmetic Products

On September 12, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of the FDA Adverse Event Reporting System (FAERS) Public Dashboard for Cosmetic Products. The system is an interactive tool designed to facilitate the public’s ability to search and find real-time adverse event data on cosmetic products. Through the tool, users can search and view reports using search terms, including the product name. Users can also download data sets and report listings. The FDA will update the tool daily to ensure it includes the most recent submissions.

The dashboard includes serious adverse event reports submitted by responsible persons for cosmetic products under requirements established by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), as well as voluntary adverse event reports submitted to the FDA by healthcare professionals, consumers, salon professionals, cosmetologists, and others.

This announcement follows a recent launch of real-time reporting of adverse event and medication errors data for drugs and therapeutic biologics.

In the announcement, the FDA stated these real-time reporting tools are part of the agency’s commitment to transparency and providing greater insight into the safety and regulation of the products consumers use every day.

Note: Reports in this dashboard have not been verified by the FDA, and their publication does not indicate that the FDA has concluded the product caused the adverse event.

By Jennifer Diaz|2025-09-19T09:48:33-04:00September 19, 2025|Cosmetics, Enforcement, International Trade, Pre-compliance, U.S. Food and Drug Administration (FDA)|Comments Off

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 Jennifer Diaz|2025-09-17T16:06:39-04:00September 17, 2025|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off

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

By Jennifer Diaz|2025-09-15T11:19:08-04:00September 15, 2025|ACE, Enforcement, Import, International Travel, Supply Chain, Tariffs, U.S. Customs and Border Protection (CBP)|Comments Off

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 […]