Monday Morning eBriefing

The Consumer Product Safety Commission (CPSC) highlighted recent updates to its eFiling FAQs, with a particular focus on questions related to "used" consumer products.

The NCBFAA Regulatory Agencies Committee (RAC) has alerted the Consumer Product Safety Commission (CPSC) to a list of CP2 flagged HTS codes (signifying data must be provided) that appear to be more appropriately flagged as CP1 (data may be required). CP1 is the appropriate flag for HTS subheadings that contain products that may not be subject to CPSC certificate filing. A CP1 flag allows a disclaimer to be filed, while a CP2 does not.

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

NCBFAA has recently opened registration for the 2026 Government Affairs Conference (GAC) to be held at the JW Marriott, Washington, D.C. on Sept. 27-29. With a high level of interest in this industry-leading event, we anticipate selling out of registrations and available rooms this week. We urge members to register now if they want to attend!

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., have highlighted recent Customs and Border Protection (CBP) updates to the IEEPA duty refund FAQs of particular importance to our customs broker members.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Amber Mena dba CMX Brokerage Services, DIMAR International Cargo, Corp., Pax Customs Brokerage, Universal Shipping, and Wilhelmsen Ships Service, 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!

Customs and Border Protection (CBP) on June 16 deployed updates to Drawback bond validations. These updates changed the errors from Informational (I) to Fatal (F). As a reminder, the agency said an Accelerated Payment (AP) is removed from the claim if a Fatal error is generated.

After years of litigation, the Supreme Court has officially closed the door on a challenge to President Trump’s first-term imposition of Section 301 tariffs on hundreds of billions of dollars’ worth of imports from China. This case, which opposed the expansion of the initial China Section 301 tariffs to so-called List 3 and 4A goods, was first filed in 2020 and subsequently joined by thousands of importers.

Customs and Border Protection (CBP) announced that it has recently introduced tools and automation to streamline aspects of account management for the ACE Secure Data Portal (ACE Portal), including Trade Account Owner (TAO) account reactivation, assistance identifying TAO, and ACE Port account application web forms.

Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) on June 16 against copper and copper products manufactured by Serbia Zijin Copper D.O.O. in Serbia. Effective immediately, CBP personnel at all U.S. ports of entry will detain shipments of these copper products due to evidence reasonably indicating the use of forced labor in their production.

Customs and Border Protection (CBP) said the next Commercial Customs Operations Advisory Committee (COAC) quarterly meeting will be held in Washington, D.C., on Wednesday, July 15, from 1-5 p.m. ET. The meeting will be open to the public via webinar only. NCBFAA members are encouraged to attend the COAC meetings.

The USDA Animal and Plant Health Inspection Service (APHIS) is inviting industry partners to express interest in a pilot program that would provide secure Application Programming Interface, or API, access to selected data from the Agricultural Commodity Import Requirements database.

The USDA Animal and Plant Health Inspection Service (APHIS) confirmed the detection of New World Screwworm (NWS) in Texas — the first case of NWS in the U.S. in 60 years. APHIS has been racing to prevent an infestation in the U.S. since 2024 when NWS was detected in Mexico. The number of U.S. cases as of June 16 stands at 12.

The NCBFAA Customs Committee notes that customs broker members have reported issues with the auto arrival for Type 63 Immediate Exportation (IE) when an IE is coming from an Foreign Trade Zone (FTZ). ACE should be automatically arriving the IE, allowing the trade to export. This should be resolved as part of a weekend (June 13-14) fix by Customs and Border Protection (CBP).

Customs and Border Protection (CBP) on June 12 announced the release of its new Forced Labor Enforcement Operational Guidance for Importers. This updated document provides a consolidated overview of the three authorities CBP uses to prevent the importation of goods produced with forced labor into the U.S. in a single, accessible document.

The U.S. Court of Appeals for the Federal Circuit on June 11 sided with the Trump administration in a ruling which allows the continued collection of the 10% Section 122 tariffs while a legal challenge by a group of U.S. states and small businesses continues. The Trump administration imposed the Section 122 tariffs in February after the U.S. Supreme Court ruled that the IEEPA tariffs were impermissible. The Section 122 tariffs are set to expire on July 24.

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

Customs and Border Protection (CBP) announced starting June 8 that the Agriculture & Prepared Products (APP) Center began issuing Customs Form 4647, Notice to Mark and/or Notice to Redeliver, electronically for entries refused by the Food and Drug Administration (FDA). The Form 4647 will be issued to Trade Account Owners (TAOs) who have selected “Portal” as their mode of communication in the ACE Portal.

National Marine Fisheries Service (NOAA Fisheries) in May completed comparability findings for swimming crab under the Marine Mammal Protection Act (MMPA). In that finding, NOAA denied a comparability finding for swimming crab from the Philippines. As a result, seafood from the Philippines' blue swimming crab fisheries is restricted starting June 11.

National Marine Fisheries Service (NOAA Fisheries) informed the trade that the U.S. Harmonized Tariff Schedule (HTS) codes flagged for permit and reporting requirements under one or more of the trade monitoring programs are being updated to include additional HTS codes.