Updates Concerning Shutdown as of 10.1.2025

USTR released its planning document Tuesday afternoon showing the agency does not plan to furlough any of its 237 full-time employees, at least for now, saying it will use funds not tied to annual appropriations to continue operations.

Commerce Department released its own contingency document outlining plans to retain only about 20 percent of staff, with cuts spread out across the weather, climate and law enforcement sectors.

For Homeland Security, it’s a similar story. The department posted shutdown plans over the weekend that explicitly tasked U.S. Customs and Border Protection with maintaining tariff revenue collections once funding lapsed.

Federal Agency Contingency Plans for Lapse of Appropriation Funds 2025

Following are the official responses we have received from the agencies. These are broadly stated and do not address specific import or export processing concerns. We continue to work with the agencies to address specific concerns.

• Department of Commerce (DOC): https://www.commerce.gov/sites/default/files/2025-09/DOC-Lapse-Plan-2025.pdf
• DHS: https://www.dhs.gov/publication/lapse-funding-dhs
  White House OMB Frequently Asked Questions: https://www.whitehouse.gov/wp-content/uploads/2025/09/Frequently-Asked-Questions-During-a-Lapse-in-Appropriations.pdf
• EPA: https://www.epa.gov/system/files/documents/2025-09/epa-contingency-plan-9_29_25.pdf
• FDA:  https://www.hhs.gov/about/budget/fy-2025-fda-contingency-staffing-plan/index.html 
•  Federal Maritime Commission (FMC) https://www.fmc.gov/wp-content/uploads/2025/09/FMC-Shutdown-Due-to-Lapse-in-Appropriations-FY-2026-October-2025.pdf
• Fish and Wildlife Service (FWS): https://www.doi.gov/sites/default/files/documents/2025-09/doi-fws-contingency-plan2025930508.pdf
• US Department of Agriculture (USDA): https://www.usda.gov/sites/default/files/documents/fy2026-usda-lapse-plan.pdf

CBP Affirms ‘Open for Business’ during Government Shutdown

Customs and Border Protection (CBP) officials said during an 11:30 a.m. ET call with the trade today that the agency is currently “open for business” during the government shutdown and the ports of entry are fully staffed and operational to clear cargo and perform other trade-related functions.

CBP said it will continue to send out CSMS notices to the trade as normal. NCBFAA Members, if not already, should subscribe to receive these messages through the CBP website.

Answering a question from NCBFAA Executive Vice President Megan Montgomery regarding CBP's interactions with Partner Government Agencies (PGAs) during the shutdown, CBP stated that its fully operation and could not speak to any other agency involved with trade. However, CBP noted if there are issues involving PGAs, the proper protocol is to contact the local PGA official, then the local port CBP official, and lastly CBP's email at tradeevents@cbp.dhs.gov.

CBP officials also confirmed during the Q&A with the trade that:

• No impact on CBP Permit and Corporate Permit Payments.
• Customs Broker’s License Exam – CBP hopes to have the CBLE as scheduled, and if that changes the agency will notify the trade.
• ITC – CBP will check if HTS will be updated during the shutdown.
• Permits will be processed as normal.
• COLA Waiver applications – TTB Is furloughed, although CBP will verify. 
• Refunds will be processed but questions remain whether the Treasury Department will issue the refunds.
• CBP OR&R will be operational.
• CBP has “toolbox” to handle PGA holds – Conditional Release and or contacting the Agency directly to release cargo and get it into the U.S.
• ACE Support is still available to trade.
• Does not impact CBP Ag, although CBP cannot speak to other agency furlough plans, such as USDA, but said to check the PGA webpages for shutdown protocols.
• For overtime, CBP Office of Trade (OT) is authorized but check with CBP at the local port.
• CBP trade webinars may be paused during shutdown.
• FTZ and Bonded Warehouses – requests for activation processed as they normally would be.
• CBP FP&F/Revenue divisions will continue as normal and any change will be communicated to the trade.
• AGOA is currently expired. CBP does not allow retroactive quota or visa processing under any circumstances.
• Trade Remedy Branch, Trade Remedy email inbox, and EAPA will continue as normal.

In addition, CBP officials said the agency will continue to provide import entry guidance as it relates to tariff-oriented Executive Orders from the White House throughout the duration of the government shutdown, adding that recently announced the entry process for tariffs related to lumber and furniture imports will be ready by Oct. 14.

Further questions from the trade may be emailed to CBP at tradeevents@cbp.dhs.gov.

At the end of the call, CBP reiterated that it is open for business, and all staff across the agency are at work today. In the event of a prolonged shutdown and if CBP has to make staffing adjustments, it will hold another public call with the trade.

NCBFAA Urges Federal Agencies to Maintain Trade Facilitation in Event of U.S. Government Shutdown

Silver Spring, MD, September 24, 2025 – The National Customs Brokers & Forwarders Association of America, Inc. (“NCBFAA”) today urged U.S. Government agencies to take steps to safeguard import and export processing in the event of a government shutdown, starting October 1. In letters to the heads of the leading agencies involved in import and export processing, NCBFAA emphasized the vital role each of these agencies play in maintaining safe, efficient trade supply chains that support American consumers, manufacturers, and agriculture.

NCBFAA represents customs brokers and freight forwarders, who are on the frontlines of import and export trade. The letters were sent to the leading Partner Government Agencies (PGAs) that work with Customs and Border Protection (CBP) to process imports and exports, including Animal and Plant Health Inspection Service (APHIS), Agricultural Marketing Service (AMS), Food and Drug Administration (FDA), Consumer Products Safety Commission (CPSC), Environmental Protection Agency (EPA), and Fish and Wildlife Service (FWS), in addition to the White House Office of Management and Budget (OMB). Click here to see the letters.

“Safe and efficient supply chains are essential to both the economic and physical security of this nation,” said NCBFAA President Jose D. (JD) Gonzalez. “Preventing entry of unsafe imports, while facilitating legitimate trade across our borders is vital. The two go hand in hand: facilitating the movement of compliant product allows federal agencies to focus their enforcement more sharply on noncompliant shipments.”

NCBFAA urged the agencies to designate sufficient “excepted” employees to ensure the continuation of key import processing functions, including:

• Frontline and Support Staff – Maintain staffing not only at the ports but also in regional offices and headquarters to review documents, support automated systems, and resolve technical or compliance issues.
• CPSC Import Contacts – Provide points of contact for importers and customs brokers to address urgent trade processing matters.
• CBP War Room Participation – Join CBP shutdown “war room” to coordinate government and industry response.
• CBP Trade Calls – Take part in CBP-led trade calls to identify problems in real time and work toward solutions.
• Outreach to Trade – Partner with NCBFAA to communicate rapidly with the customs brokerage and forwarding community, reaching thousands of brokers and hundreds of thousands of U.S. importers and exporters.

During prior shutdowns, insufficient staffing and limited communication created inefficiencies, shipment delays, and confusion across the trade community. NCBFAA emphasized that such disruptions could undermine both the safety and reliability of supply chains if not addressed.

“By designating adequate staff and engaging closely with CBP and industry partners, federal agencies can ensure that legitimate trade flows smoothly while unsafe products are stopped at the border,” Gonzalez said. “NCBFAA is ready to assist CBP and other PGAs in keeping trade safe, efficient, and resilient during a shutdown.”

Contact

Christopher Gillis
Communications Director
NCBFAA
Email: cgillis@ncbfaa.org