Monday Morning eBriefing

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.

The NCBFAA Regulatory Agencies Committee (RAC) recently met with the Food and Drug Administration's (FDA) Division of Targeting and Analysis. The agency contacted the RAC to seek our input on implementation of upcoming changes to the Prior Notice rules. The changes were published as a final rule last year and take effect Oct. 1, 2026.

Customs and Border Protection (CBP) on June 11 announced updates to the Electronic Export Manifest (EEM) ACE Exports Truck UNEDIFACT CUSCAR Cargo Report Message, CUSREP Conveyance Report, CUSRES Status Notification, PAXLST, 309, 350, and 355 Implementation Guides.

NCBFAA Regular Member Customs Brokers and their Importer Clients are encouraged to register for the Customs and Border Protection (CBP) Office of Trade webinar, How to Set Up and Manage an ACE Portal Account, on Wednesday, June 17, at 11 a.m. ET.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Applied Freight Solutions, The Courier Connection, and Harris CHB & Logistics, 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! In addition, NCBFAA would like to highlight the new corporate name for Regular Member Blue Ridge International, LLC, of Chattanooga, Tennessee.

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

Effective June 30, Customs and Border Protection (CBP) will relocate the Newark Airport Centralized Air Cargo Examination Facility (CACEF) at building 157 Conrad Road to Newark Liberty International Airport Terminal B - International Arrivals (Level 2).

Customs and Border Protection (CBP) in a June 10 filing to the U.S. Court of International Trade (CIT) said that as of 3 p.m. ET on June 5 approximately $94.94 billion in both potential and certified refunds have been accepted for processing in the agency’s ACE Consolidated Administrative and Processing of Entries (CAPE) Phase 1 program.

Customs and Border Protection (CBP) told the U.S. Court of International Trade (CIT) on June 9 that it has turned its attention to expanding functionality for entries that are flagged for reconciliation to receive IEEPA tariff refunds. This capability should be available on June 29.

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, and we anticipate that it will be another sold-out event. We urge attendees to register now to take advantage of the special room block rate and early bird savings!

Customs and Border Protection (CBP) on June 5 published detailed guidance for importers and customs brokers related to implementing the June 1 Proclamation, “Further Adjusting the Tariff Regimes for Imports of Aluminum, Steel, and Copper Into the United States,” amending Proclamation 11021, adding new metals derivatives subject to Section 232 duties, and reducing the Section 232 duty rates for other derivatives. Specifically, this following guidance provides instructions for importers, customs brokers, and filers on submitting entries to CBP on certain steel, aluminum, and copper articles and their derivatives from all countries as provided in HTSUS headings 9903.82.01 to 9903.82.26.

The President issued an Executive Order on June 3, that will impact all importers and entities connected to import transactions. This Executive Order proposes a broad tightening of U.S. customs enforcement, with a strong emphasis on importer accountability and vetting, foreign importer restrictions, disclosure obligations, and higher penalties. The most immediate practical effect for clients is a likely increase in enforcement, bonding, data submissions, and compliance requirements for importers of record (IORs), especially foreign IORs. The E.O. effectively creates a Customs Modernization bill that will impact significant portions of the Customs Regulations.

The Consumer Product Safety Commission (CPSC) final eFiling webinar on June 3 features valuable insights from NCBFAA Regulatory Agencies Committee (RAC) member Courtney Peterson of Expeditors. Peterson gave first-hand pointers to customs brokers and importers on how to get started. “It’s never too late to start early,” she said.

The Environmental Protection Agency (EPA) announced a significant enforcement action on June 1, 2026, filing an administrative complaint against Wego Chemical Group for a pattern of Toxic Substances Control Act (TSCA) violations tied to its chemical import operations. The case carries potential penalties approaching $34 million.