Monday Morning eBriefing

CBP updated their CAPE FAQ document on 5/20/26 (link) with new questions and responses. CBP also recently published CSMS # 68228015 - New ACE Portal Account Application Now Available (link to the CSMS) with the following information:

In September 2025, the Commerce Department’s Bureau of Industry and Security (BIS) issued the "Affiliates" Interim Final Rule that expanded their End-User controls to also cover affiliates of entities listed on the Entity List, Military End-User (MEU) List, or Specially Designated Nationals and Blocked Persons (SDN) List. The NCBFAA Export Compliance Subcommittee commented on this rule in October 2025, but the rule was subsequently paused.

This update regarding the May 14 Supreme Court ruling in the case of Montgomery v. Caribe Transport II, LLC, is brought to our NCBFAA members with permission from the Transportation Intermediary Association (TIA) and its CEO Chris Burroughs.

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

Customs and Border Protection (CBP) on May 18 advised the trade that an updated version of the ACE CATAIR AD/CVD Case Information Query V11 has been posted under Draft Chapters: Future Capabilities section on CBP.gov. In addition, the agency posted an updated version of the ACE CATAIR Error Dictionary V46 under Draft Chapters: Future Capabilities section on CBP.gov.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome North American Drawback Services and Yvonne Cantu Hyslop dba YCH Customs Broker, 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) in the Port of New York-Newark, New Jersey, has requested applications to operate an Air Centralized Examination Station (CES) at Newark Liberty International Airport.

The Food and Drug Administration (FDA) has developed a much-needed central access point for import education materials. The new Import Education Resources webpage includes videos, quick-reference guides and a topical index of FDA Import Program resources by topic. Previously these materials were scattered throughout FDA's website, making it difficult to find resources when you need them.

The U.S. Senate on May 18 voted to confirm Robert Harvey to be a Commissioner of the Federal Maritime Commission (FMC) for a term expiring June 30, 2029. His confirmation fills the vacancy of former FMC Commissioner Carl Bentzel and completes the five-person commission.

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

President Trump and Chinese President Xi Jinping during their May 14-15 meeting in Beijing agreed to establish bilateral boards for trade and investment. The Board of Trade will allow the U.S. and Chinese governments to manage bilateral trade across non-sensitive goods, while the Board of Investment will be a government-to-government forum for discussing investment-related matters.

Congress on May 19 established the bipartisan U.S. Foreign-Trade Zones (FTZ) Caucus. This new House-led initiative is focused on strengthening U.S. manufacturing competitiveness, supporting domestic jobs, and advancing secure, resilient supply chains through the U.S. FTZ program.

This analysis regarding the May 12 U.S. Court of Appeals for the Federal Circuit’s stay on the U.S. Court of International Trade (CIT) ruling against the Section 122 tariffs is provided to our Regular Member customs brokers by NCBFAA Customs Counsel and Legislative Advisor of Sandler, Travis & Rosenberg, P.A.

Watch the Consumer Product Safety Commission (CPSC) May 6 webinar, "3...2...1...Go! EFiling is Only 2 Months Away!" The agency's virtual webinar highlighted the two-month mark for full implementation of eFiling of most CPSC-regulated products.

Customs and Border Protection (CBP) published a notice in the Federal Register which advises the industry that the quarterly Internal Revenue Service (IRS) interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will decrease from the previous quarter, effective April 1.

With the recent activation of Consolidated Administration and Processing Portal (CAPE), Customs and Border Protection (CBP) has provided an array of useful tools and other resources for importers and authorized customs brokers in the ACE Secure Data Portal. CAPE is designed to consolidate refunds of IEEPA duties including interest rather than processing refunds on an entry-by-entry basis.

The U.S. Supreme Court on May 14 issued a decision in Montgomery v. Caribe Transport II, LLC, ruling that freight brokers can be held liable under negligent selection claims for the actions of carriers on the road. It remains unclear, so far, what the full impact of this court decision will be for the freight brokerage industry in terms of liability.

NOAA Fisheries published a May 12 Federal Register notice that it has granted comparability findings under the Marine Mammal Protection Act (MMPA) to swimming crab from fisheries in Vietnam, Indonesia, and Sri Lanka, continuing their access to the U.S. seafood market after a period of legal uncertainty. At the same time, NOAA denied the Philippines a comparability finding, which means a ban on swimming crabs from the Philippines will begin June 11.

Food and Drug Administration (FDA) Commissioner Dr. Martin “Marty” Makary resigned on May 12, ending a 13-month tenure marked by internal disruption and policy disputes. He took office shortly before major staffing cuts left the agency with hundreds of vacancies.

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