| Customs & International Trade Law Blog

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

Industry News

• The Supreme Court will hear (on an expedited basis) two cases that challenge the legality of tariffs imposed under the International Emergency Economic Powers Act. Arguments are set for the first week of November.
• Nike reached a settlement with a freight forwarder and importer over their alleged importation of counterfeit items.  
• Speaking on NBC’s “Meet the Press,” Treasury Secretary Scott Bessent said that the Treasury Department will have to give refunds if the IEEPA tariffs are ultimately ruled unlawful by the Supreme Court. Bessent did not comment further on the refund process or which parties will be eligible to receive refunds; therefore, Diaz Trade Law recommends that importers file their own lawsuit to preserve their ability to collect future refunds. 
• According to two companies interviewed by International Trade Today, sureties that provide importers with customs bonds say that they’re able to handle covering the potentially significantly higher amounts of duties that importers may owe because of tariff rate increases.

Administration

• President Trump and Prime Minister of India Narendra Modi both posted on social media that trade negotiations between the two countries are moving forward. 
• 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. 

Customs and Border Protection (CBP)

• CBP modified their IEEPA tariffs FAQ page, clarifying that goods subject to IEEPA tariffs are eligible for refunds of those tariffs via post-importation claims under USMCA. 
• CBP is proposing to modify and revoke several ruling letters concerning tariff classifications of certain vehicles for the transport of goods. CBP will accept comments on this matter until October 3. 
• CBP, in collaboration with the FDA, seized over four million units of unauthorized e-cigarette products with an estimated retail value of over $86 million, the largest-ever seizure of this kind.
• CBP published a Federal Register notice that includes two amendments to the USMCA. The amendments involve general definitions, drawback and duty-deferral programs, and implement regulations on textile and apparel goods, and automotive goods. 

Court of International Trade (CIT)

• The CIT dismissed an administrative review of an antidumping order, stating that the petitioner failed to notify the other interested party of the lawsuit as required by the USMCA. 

International Trade Commission (ITC)

• The ITC began a Section 337 investigation of NJOY and Altria Group on allegations that they are importing vaporizer devices that infringe on patents held by Juul Labs, Inc.
• The ITC began a Section 337 investigation of imports of microcurrent facial toning devices on allegations that they are infringing patents held by ZIIP Inc. and The Beauty Tech Group Ltd. 

Department of Commerce

• The Department of Commerce published a Federal Register notice announcing that beginning January 1, 2026, it will prohibit imports of fish and fish products from 240 fisheries from 46 nations that have been denied comparability findings under the Marine Mammal Protection Act.

Food and Drug Administration (FDA)

• The FDA established a “green list” import alert to help stop the import of potentially dangerous GLP-1 ingredients (APIs) from unverified foreign sources from entering the U.S. market. 

Consumer Product Safety Commission

• The CPSC released a Federal Register notice proposing to revise its safety standards for bassinets and cradles to incorporate a new safety standard. The public may submit comments until September 24. 

Department of Energy (DOE)

• The DOE has issued a final rule rescinding and amending labeling requirements for specific types of consumer products, including certain dishwashers, heat pumps, and pool heaters. The action was taken pursuant to a February 2025 joint resolution of disapproval under the Congressional Review Act. 

Congress

• Representative Moran of Texas introduced the Tariff Revenue Used to Secure Tomorrow Act, which would require that, for every fiscal year the U.S. maintains a budget deficit, tariff revenue collected above fiscal year 2025 levels must be deposited into a new Tariff Trust Fund that would be used solely to reduce the deficit.
• Senator Klobuchar of Minnesota introduced a mail shipments bill that would increase the criminal penalty for mail fraud involving misrepresentation of the country of origin.