Monday Morning eBriefing

The Office of the United States Trade Representative (USTR) on Nov. 26 announced the extension of exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The 178 exclusions were previously scheduled to expire on Nov. 29. The exclusions have been extended until Nov. 10, 2026.

The Transportation Security Administration’s proposed changes to Cargo Acceptance and Known Shipper requirements would alter existing language in a way that reclassifies a substantial number of shipments—currently eligible for transport under Known Shipper (KS) status—to Unknown Shipper (UKS) status. This shift would pose a significant and unwarranted risk to the resilience, efficiency, and, most importantly, the overall competitiveness of the U.S. air cargo system. While the industry fully supports TSA’s security objectives, the proposal would unintentionally weaken the current air cargo security framework and trigger cascading negative impacts throughout the air cargo supply chain. Comments are due to NCBFAA by close of business on Dec. 10.

Customs and Border Protection (CBP) reminded customs brokers that they are able to restrict access to their employee data by managing permissions through “Read Only” access in the ACE Secure Data Portal.

Customs and Border Protection, which on Nov. 21 published the “Notice of Enhanced Air Cargo Advanced Screening” in the Federal Register and effective 12:01 a.m. ET the same day, provided customs brokers and importers an update on what they need to know regarding the new required data elements.

A summary of the latest legislative and regulatory transport, logistics and trade sector updates brought to you by our NCBFAA Transportation Counsel firm Venable.

A summary of the latest customs and cross-border trade regulatory updates brought to you by our NCBFAA Customs Counsel firm Sandler, Travis & Rosenberg.

The Food and Drug Administration (FDA) issued a message to the trade as a part of its goal to secure accurate import entries for electronic nicotine delivery systems (ENDS) which are regulated by the agency. FDA has observed that some ENDS products are being misclassified, or inappropriately disclaimed, bypassing FDA’s review of the entry data needed to determine admissibility.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome MTS Customs Brokerage which has recently joined our association. We're so excited to have this firm join our organization and we are happy to assist in any way we can!

Registrations for the 53rd NCBFAA Annual Conference are on the rise and our hotel room block is starting to fill up fast. We strongly encourage you to register as soon as possible to guarantee your place at this year’s event!

Customs and Border Protection (CBP) announced the selection of 26 stakeholders to participate in the Reimbursable Services Program (RSP), as provided for under Section 481 of the 2002 Homeland Security Act.

Customs and Border Protection (CBP) reminded the trade that on Dec. 1 the agency will discontinue the use of the Document Image System (DIS) for submitting outbound vessel cargo declarations. This includes the CBP Form 1302A: Cargo Declaration, supplemental form CBP 168, and any associated documents that comprise the outbound cargo manifest.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., provide our customs broker members with the latest details of the White House tariff reductions for agricultural product imports, particularly the recent elimination of the 40% tariffs on certain agricultural goods from Brazil. The Committee will continue sending our members Trump Administration tariff updates and subsequent Customs and Border Protection guidance, as soon as received.

The USDA Agricultural Marketing Service (AMS) provided clarifying guidance to the trade for pistachio MO5 message set filings. The agency monitors the aflatoxin sampling and testing of raw and blanched, shelled and inshell pistachios under HTS codes 0802.52.0000 and 0802.51.0000. These products must be filed under the MO5 message set.

The Food and Drug Administration (FDA) has issued guidance for trucks turned around at the Port of Detroit for FDA afterhours holds. The NCBFAA Regulatory Agencies Committee (RAC) is concerned about the potential for confusion if this process is not well-coordinated between Customs and Border Protection (CBP) and FDA.

The Customs and Border Protection (CBP) Area Port Houston-Galveston Office has notified vehicle exporters of a change of address for submitting vehicle ownership documentation, as currently required by 19 CFR 192, starting Jan. 11, 2026.

The USDA Animal and Plant Health Inspection Service (APHIS) is reminding the trade that the temporary suspension of the hyphen requirement for ISPM‑15 markings on Wood Packaging Material will end on Dec. 31, 2025.

The NCBFAA Regulatory Agencies Committee (RAC) recently met with Drug Enforcement Administration (DEA) officials to learn more about their recent outreach tour of local ports and customs broker/freight forwarders. DEA said its efforts are meant to educate the shipping community on the danger presented by imported precursor chemicals used to produce fentanyl.

China is placing new restrictions on fentanyl precursor chemicals exported to North America. The action followed a visit by FBI Director Kash Patel and is intended to stem North American production of fentanyl using the Chinese precursor chemicals.

NCBFAA invites you to participate in its upcoming Exhibitor MarketPlace and Sponsor opportunities during the 53rd NCBFAA Annual Conference in San Antonio, TX, on April 12-15, 2026.

The Consumer Products Safety Commission (CPSC) E-Filing Webinar on Nov. 17 drew a record crowd, with panelists providing thought-provoking information on this complex new regulatory requirement. The webinar was moderated by Michele Pearce of A.N. Deringer, Inc., who serves as NCBFAA Regulatory Agencies Committee (RAC) CPSC Subcommittee Chair, and featured Monica DeMars of C.H. Robinson and Eric Sherman, Director of Customs Compliance for Dollar Tree Stores. All panelists have participated in the voluntary CPSC pilot for over a year and shared the challenges and opportunities for customs brokers and importers.