August 2026 | Customs & International Trade Law Blog

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

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 […]

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

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 […]

By Jennifer Diaz|2026-08-28T14:31:22-04:00August 28, 2026|Enforcement, International Business, International Law, news|Comments Off

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 […]

By Jennifer Diaz|2026-08-28T14:08:26-04:00August 28, 2026|news, Snapshot|Comments Off

Getting Off the SDN List: A Practical Guide to OFAC’s Administrative Reconsideration Process

Landing on the Office of Foreign Assets Control’s (OFAC) Specially Designated Nationals and Blocked Persons List (SDN List) is one of the most consequential things that can happen to a company or individual doing business in or with the United States. Assets are frozen, U.S. persons are barred from dealing with you, and banking relationships evaporate almost overnight.

The good news is that SDN designations are not necessarily permanent. OFAC maintains a formal process – administrative reconsideration – for petitioning to have a person, entity, or piece of property removed from an OFAC-administered sanctions list. This article walks through how that process works, what to expect at each stage, and where clients most often stumble.

Step One: Confirm You’re Using the Right Process

Before filing anything, it’s worth pausing to confirm which removal process actually applies to your situation, because OFAC’s administrative reconsideration process is not a one-size-fits-all remedy.

You are the designated party. If you, your organization, or your property appear on an OFAC-administered list because OFAC itself made the designation, the administrative reconsideration process under 31 C.F.R. § 501.807 is the correct path, and it runs through OFAC’s Reconsideration Portal.
The designation was made by the State Department. Some names appear on OFAC-administered lists because the Department of State designated them (for example, under certain terrorism-related authorities). Removal in those cases goes through […]

By Jennifer Diaz|2026-08-27T16:15:24-04:00August 27, 2026|Export, U.S. Office of Foreign Assets Control (OFAC)|Comments Off

CFIUS Annual Report to Congress, CY 2025: What It Means for Your Next Cross-Border Deal

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has released its Annual Report to Congress for calendar year 2025 — marking the Committee’s 50th year of operation. The Report confirms that CFIUS remains an active and increasingly assertive gatekeeper for foreign investment in the United States, even as the Committee absorbed significant operational disruption in 2025 from lapses in federal appropriations that tolled statutory deadlines for more than 120 days over the course of the year.

This alert distills the CY 2025 Report — and the Committee’s own year-over-year comparisons — into the trends most relevant to companies and investors planning transactions that may fall within CFIUS jurisdiction. Two developments stand out. First, the President issued prohibition and forced-divestment orders of a U.S. business in two transactions in 2025, continuing a pattern (also seen in 2024) that had been dormant since 2020; this is CFIUS’s most severe remedy, and its reappearance in back-to-back years is a meaningful signal for deals in sensitive sectors. Second, and directly relevant to parties that conclude a transaction does not warrant a voluntary filing, CFIUS’s non-notified transaction program continued to convert unfiled deals into mandatory filing demands — formally requiring nine parties to submit a declaration or notice in 2025 after Treasury investigated 90 potential non-notified transactions and opened 62 official inquiries.

Below, we summarize the key figures from the CY 2025 Report to help clients calibrate risk, timing, and filing strategy.

By Jennifer Diaz|2026-08-25T16:31:44-04:00August 25, 2026|CFIUS, U.S. Department of Treasury|Comments Off

Breaking Trade News: CAPE Phase 3 Postponed, Canada 338 Tariffs Delayed

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

Customs and Border Protection (CBP)

CBP published a federal register notice on August 19, 2026 announcing that, beginning September 18, 2026, it will immediately void importer of record numbers when the information on CBP Form 5106 is inaccurate or incomplete.
CBP has delayed the launch of the Consolidated Administration and Processing of Entries (CAPE) refund tool Phase 3. It was originally set for Aug. 20 and is now delayed until further notice. ITT reporting.
CBP issued a CSMS message stating that HTSUS subheadings associated with Section 301 duties on certain products from Brazil and those associated with Section 301 duties on forced labor are drawback eligible.
CBP issued a CSMS message advising customs brokers to use the ACH Rejected Refunds Report in ACE to help importers identify refunds that have been rejected due to missing out on ACH enrollment.

Administration

President Trump issued a proclamation delaying the imposition of 50% Section 338 tariffs on some products from Canada until 12:01 a.m. on Aug. 22, while the U.S. and Canada finalize a deal.

U.S. Department of Justice (DOJ)

The […]

By Jennifer Diaz|2026-08-21T11:28:51-04:00August 21, 2026|news, Snapshot|Comments Off

CBP Will Void Importer of Record Numbers Beginning September 18, 2026

What Every Importer and Customs Broker Must Verify on CBP Form 5106 in the Next 30 Days

CBP published a federal register notice on August 19, 2026 announcing that, beginning September 18, 2026, it will immediately void importer of record numbers when the information on CBP Form 5106 is inaccurate or incomplete. A voided IOR number is invalid for every purpose, including making entry, which means cargo stops at the port with no advance warning. This article explains what CBP is verifying, why several long-accepted industry practices are now defects, and the corrective steps importers and brokers should take before the enforcement date.

KEY TAKEAWAYS

Effective September 18, 2026, CBP will void importer of record (IOR) numbers where the information on CBP Form 5106 is inaccurate or incomplete. A voided number cannot be used for any purpose, including making entry.
The physical address on file must be the actual location of the business or individual. A registered agent, customs broker, freight forwarder, P.O. box, business service center, or any other party’s address is now a defect.
The email address and phone number must belong to the IOR. Broker or forwarder contact information in those fields no longer passes.
Customs brokers must hold a power of attorney executed directly with the […]

By Jennifer Diaz|2026-08-21T11:07:02-04:00August 21, 2026|U.S. Customs and Border Protection (CBP)|Comments Off

New Section 232 Proclamation Targets Imports of Unmanned Aircraft Systems

On August 13, 2026, President Trump issued a new proclamation under Section 232 of the Trade Expansion Act imposing tariffs on certain imported unmanned aircraft systems (UAS) and their components. The Administration concluded that the United States’ dependence on foreign-manufactured UAS and critical UAS components threatens to impair national security by limiting the domestic industrial base and creating vulnerabilities in critical supply chains.

The proclamation follows a Section 232 investigation conducted by the Department of Commerce, which found that imports have outpaced domestic production and that the United States remains heavily reliant on foreign suppliers. The Administration also cited concerns surrounding cybersecurity, and dependence on unreliable supply chains.

What Does the Proclamation Do?

The proclamation establishes a new tariff framework based on the type of unmanned aircraft system, and, in some cases, the country of origin:

100% tariffs on UAS with a maximum take-off weight of more than 25 kg
100% tariffs on UAS that integrate thermal imagers
100% tariffs on UAS docking stations
100% tariffs on certain critical UAS components as identified in Annex I.
25% tariffs on UAS with a maximum take-off weight of 25 kilograms or less […]

By Jennifer Diaz|2026-08-17T09:39:03-04:00August 17, 2026|Tariffs|Comments Off

Breaking Trade News: New 232 Tariffs on UAS, DOJ Seeks to Vacate IEEPA Refund Injunctions

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

Customs and Border Protection (CBP)

In accordance with President Trump’s quartz proclamation from July 31, 2026, CBP updated its quota bulletin for quartz surface products. The opening date is August 17, 2026.
CBP extended the Jones Act Waiver for 90 days – to November 15, 2026. CBP also implemented a new requirement that companies considering transportation on a foreign-flagged vessel must first send a written request to the Defense Department, the Maritime Administration, and CBP.
CBP’s Office of Field Operations (OFO) released its 2026-2030 Strategy, outlining what transformations are required to advance OFO’s four Core Mission Areas: Secure Lawful Travel, National Security and Contingency Operations, Secure and Compliant Trade and Agriculture and Biological Threat Security.
CBP is extending the phased enforcement period for enhanced air cargo advance screening. The phase was set to end on Nov. 21, 2026, and will now run until May 1, 2027.
CBP announced that it will implement two-factor authentication for ACE portal logins through email or SMS notification starting in September.
CBP officers at the Port of Louisville, Kentucky intercepted

By Jennifer Diaz|2026-08-14T12:06:29-04:00August 14, 2026|news, Snapshot|Comments Off

FinCEN Permanently Ends BOI Reporting for U.S. Companies and U.S. Persons Under the Corporate Transparency Act

On August 11, 2026, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule permanently removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) under the Corporate Transparency Act (CTA). FinCEN states that U.S. companies are now exempt from BOI reporting requirements and no longer need to file BOI reports. The final rule also relieves U.S. persons from providing BOI to reporting companies and from updating or correcting information previously submitted to obtain a FinCEN identifier. For many domestic businesses, this marks a significant compliance shift—but foreign entities registered to do business in the United States may still have BOI obligations.

What Changed?

FinCEN’s final rule makes permanent the relief first announced in the March 2025 interim final rule. Under the final rule, U.S. companies are exempt from BOI reporting requirements and therefore are no longer required to file BOI reports. Reporting companies also do not need to report BOI for U.S. person beneficial owners or U.S. person company applicants, and U.S. persons do not need to provide BOI to reporting companies.

FinCEN also announced that U.S. persons with FinCEN identifiers are not required to update or correct the information they previously submitted to FinCEN. This is important for individuals who filed BOI information before the rule changed and who otherwise may have expected ongoing update obligations.