Monday Morning eBriefing

Customs and Border Protection (CBP) on May 6 provided guidance to the trade on applying the 25% Section 232 duties imposed by Proclamation 10984 exclusively to the value of the non-U.S. content for approved imports of MHDVs qualifying for preferential tariff treatment under the United States-Mexico-Canada Agreement (USMCA).

Customs and Border Protection (CBP) in a May 6 Federal Register notice announced that the ACE Export Manifest for Air Cargo Test will continue for another two years, effective May 6, 2026. The test allows CBP to examine the functionality of filing export manifest data for air cargo electronically in ACE.

Food and Drug Administration (FDA) implementation of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) continues to take shape, with the agency highlighting progress made since the law’s enactment in late 2022. MoCRA significantly expanded FDA’s oversight of cosmetics, an area that had seen relatively limited regulatory change for decades. The law introduced several new requirements for industry, including mandatory facility registration for manufacturers and processors, product listing, and reporting of serious adverse events. It also granted FDA new authorities, such as mandatory recall and access to certain records.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued proposed regulations that would revise several aspects of the firearms import framework. The changes are intended to reflect current industry practices and streamline certain administrative requirements. It is part of a broader "New Era of Reform" initiative launched by ATF in 2025. While still in the proposal stage, the updates may be of interest to customs brokers handling firearms-related entries.

President Trump in a Truth Social post on Friday, May 1, announced that a tariff on automobiles manufactured and imported from the European Union into the U.S. will increase to 25%, adding that he is imposing this tariff increase “based on the fact the European Union is not complying with our fully agreed to Trade Deal, next week.”

Customs and Border Protection (CBP) on April 29 issued Harmonized System Update (HSU) 2609 which contains six Harmonized Tariff Records and 19 Automated Broker Interface (ABI) records.

Customs and Border Protection (CBP) reminds ACE Secure Data Portal (ACE Portal) Trade Account Owners (TAO) that TAOs can self-manage access for Proxy Trade Account Owners (PTAO) and Trade Account Users (TAU), including access reactivation.

Customs and Border Protection (CBP) on April 28 provided an update to the U.S. Court of International Trade (CIT) on the IEEPA tariff refunds process since the launch of Consolidated Administration and Processing of Entries (CAPE) Phase 1 in ACE on April 20. However, the CBP update did not yet provide details on subsequent phases of CAPE.

U.S. Court of International (CIT) Judge Richard Eaton said Customs and Border Protection (CBP) will provide the next report on the progress made with Consolidated Administration and Processing of Entries (CAPE) Phase 1 on Tuesday, May 12, at 12 p.m. ET. A closed settlement conference will be held in person and via Webex at 2 p.m. ET the same day. CBP expects to issue the first IEEPA refunds around May 11.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., has updated its list of FAQs for Regular Member customs brokers regarding the Customs and Border Protection (CBP) Consolidated Administration and Processing of Entries (CAPE) Phase 1 for IEEPA tariff refunds which the agency deployed on April 20.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has been urging importers to hold off on submitting first-quarter 2026 refund claims under the Craft Beverage Modernization Act (CBMA) following the discovery of data inaccuracies in its myTTB CBMA Importer Claims System.

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 bipartisan effort to crack down on illegal fishing in U.S. markets is advancing rapidly on Capitol Hill — and industry insiders say it could soon become law. The Fighting Foreign Illegal Seafood Harvest (FISH) Act cleared the House Natural Resources Committee on April 21, setting the stage for a full House floor vote.

A coalition representing U.S. steel interests recently issued a letter to Congress encouraging support for the Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act (H.R. 3151). The legislation is intended to strengthen the U.S. shipbuilding sector and broader maritime industrial base through a comprehensive policy approach.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome AMS Container Line, CMH Shipping Corporation, Ely Maritime Logistics, and Rome Customs & Trade USA, which have recently joined our association. We're so excited to have these firms join our organization and we are happy to assist in any way we can!

The Commerce Department recently published the President’s 2027 budget request for the Bureau of Industry and Security (BIS). The Trump administration is specifically requesting $450 million for the agency or nearly double its 2026 budget of $235 million. BIS intends to significantly expand its enforcement capacity by adding more than 400 new positions, including 290 new Export Enforcement Agents and 40 additional Export Control Officers.

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 Office of the U.S. Trade Representative (USTR) on April 28 announced that it is requesting comments on the modernization of the African Growth and Opportunity Act (AGOA), which is authorized through Dec. 31, 2026. The deadline to submit comments to USTR is May 15.

Customs and Border Protection (CBP) has recently modernized the ACE Secure Data Portal (ACE Portal) account application for the trade. Specifically, there is a new process to update the Trade Account Owner for an existing active ACE Portal Account.

The Office of the U.S. Trade Representative (USTR) will hold public hearings on April 28-29 regarding the Section 301 investigations into 60 economies' acts, policies, and practices related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.