Monday Morning eBriefing

The U.S. Supreme Court on Sept. 18 released its upcoming schedule in which it will hear oral arguments on Nov. 5 related to two pending cases challenging the legality of the issuance of President Trump's IEEPA tariffs. The two cases are Learning Resources, Inc. et al. v. Trump, President of U.S., et al. (No. 24-1287) and Trump, President of U.S., et al. v. V.O.S. Selections, Inc., et al. (No. 25-250).

Learn more about the Consumer Product Safety Commission (CPSC) certificate e-filing initiative at a September 24 CPSC-hosted virtual "Office Hours" session from 2-3 p.m. ET.

The Food and Drug Administration (FDA) issued a food alert on frozen shrimp from an Indonesian firm after Customs and Border Protection (CBP) discovered several international food shipping containers that contained unusual levels of cesium-137 (Cs-137).

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

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome PROLOGIX, Roll & Harris, Starboard Systems, and Tampa Auto Parts Export, which has 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!

The Office of the U.S. Trade Representative (USTR) on Sept. 15 invited public comments regarding foreign barriers to U.S. exports of goods and services and U.S. foreign direct investment for inclusion in the 2026 National Trade Estimate Report.

The Office of the U.S. Trade Representative (USTR) on Sept. 16 announced a public consultation process in advance of the joint review of the Agreement between the United States of America, the United Mexican States, and Canada (USMCA) on July 1, 2026.

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

The Office of the U.S. Trade Representative (USTR) on Sept. 15 announced that it is seeking public comment on whether any of the exclusions in effect in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation warrant further extension.

Customs and Border Protection (CBP) on Monday, Sept. 15, sent a reminder to the customs broker industry that pursuant to the July 23 General Notice (90 FR 34665) that it will adjust certain customs user fees and corresponding limitations established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) for Fiscal Year 2026, starting Oct. 1.

Customs and Border Protection (CBP) is currently soliciting for a Centralized Examination Station (CES) in the Port of Atlanta, Georgia. Applications for the CES will be accepted for 60 days, starting Sept. 15 to Nov. 14.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., are closely monitoring the Supreme Court’s Sept. 9 order to take up on an expedited schedule, two of the court challenges to the IEEPA tariffs imposed by the Trump Administration, as well as association inroads made with lawmakers and their staff on Capitol Hill during NCBFAA Government Affairs Conference on Sept. 9, requesting support for advance notification and transparency related to imposed tariffs. The committee and counsel also continue to track the latest CBP IEEPA tariff guidance and provide updates to NCBFAA members as soon as they’re received.

Customs and Border Protection (CBP) on Friday, Sept. 12, published an updated list of qualified parties who are eligible to pay duties on international mail shipments, as per Executive Order 14324 of July 30, “Suspending Duty-Free De Minimis Treatment for All Countries,” which took effect Aug. 29. The Executive Order effectively ended de minimis duty-free treatment under 19 U.S.C. § 1321(a)(2)(C) for all shipments entering the U.S., including via international mail.

NCBFAA members experienced a rich exchange of ideas with an array of Partner Government Agencies (PGAs) at the Government Affairs Conference (GAC) in Washington, D.C. Officials from the Animal and Plant Health Inspection Service (APHIS), Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA), Fish and Wildlife Service (FWS), and USDA Organics — all took part in an informative and lively conversation with NCBFAA on Sept. 8 and a special meeting with the Regulatory Agencies Committee (RAC) on Sept. 10.

NCBFAA’s sold-out 2025 Government Affairs Conference (GAC) in Washington, D.C., on Sept. 7-9, was a resounding success for attendees and included a most informative and exciting agenda of topics led by top-notch industry and government speakers.

Customs and Border Protection (CBP) on Sept. 27 will deploy the Automated Rejection of Manifest Filings with Insufficient Cargo Information enhancement to ACE.  This enhancement implements the automated rejection of ACE Manifest filings that have insufficient cargo descriptions, consignee information, and shipper information.

Effective Oct. 1, organic products without a valid National Organic Program certificate will be subject to immediate reexport, destruction, or donation (with restrictions). Previously, USDA allowed shipments to be re-labeled and entered as conventional. That policy ends Oct. 1.

Customs and Border Protection (CBP) on Sept. 16 will deploy two new error codes in the ACE Drawback application. The new codes, FD09 and FD10, support recent executive orders.

Customs and Border Protection (CBP) on Sept. 10 updated the Automated Export System Trade Interface Requirements (AESTIR) – Appendix F, specifically the new Bureau of Industry and Security (BIS) Type Code C78, on the agency website.

NCBFAA has submitted formal comments to the Department of Transportation (DOT) in response to its Federal Register Notice on Advancing a Surface Transportation Proposal That Focuses on America's Most Fundamental Infrastructure Needs. Our comments stressed that while surface transportation is critical, air cargo cannot be left behind.