Monday Morning eBriefing

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

The Commerce Department on May 11 published a Federal Register notice the procedures for pharmaceutical product manufacturing companies to apply for company-specific agreements with the department to onshore manufacturing of pharmaceutical products and their ingredients. Companies that enter into such agreements are eligible for a reduced Section 232 duty rate for imports of their pharmaceutical products and associated ingredients.

The Federal Maritime Commission (FMC) is seeking new member applications for the National Shipper Advisory Committee (NSAC). NCBFAA strongly encourages its freight forwarder and NVOCC members to apply for a seat on this important committee. Applications are due to the FMC by May 28.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Intercargo Brokers, Interfracht, and TTM International, 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!

A bipartisan group of Congressional members is urging U.S. Trade Representative Jamieson Greer to open a broad Section 301 investigation into foreign trade practices affecting the U.S. seafood industry. In a May 11 letter spearheaded by Reps. Clay Higgins (R-LA) and Troy Carter (D-LA), the lawmakers said U.S. seafood producers are facing significant pressure from imported seafood and unfair foreign practices.

Former U.S. Customs Service Deputy Commissioner Samuel H. Banks, who was a longtime friend of the customs brokerage industry, passed away on April 30. He was 81. "We are all better customs practitioners having had the opportunity to work with him,” said NCBFAA General and Customs Counsel Lenny Feldman of Sandler, Travis & Rosenberg, P.A.

Customs and Border Protection (CBP) on May 12 told the trade that the Entry Summary Query has been updated to return a new Liquidation Reason Code. The Output JD-Record will return a new Liquidation Reason Code “CAPE” as code 36.

NCBFAA recently submitted questions to Customs and Border Protection (CBP) regarding Consolidated Administration and Processing of Entries (CAPE) filing issues and received responses from the agency. CBP also asked that NCBFAA continue to share questions that are coming up repeatedly for the customs broker community, and the agency will do its best to get responses back to the association. Note: Submit your questions regarding CAPE to NCBFAA at cape@ncbfaa.org.

Customs and Border Protection (CBP) Executive Director for the Trade Programs Directorate in the Office of Trade, Brandon Lord, on May 12 provided the U.S. Court of International Trade (CIT) with an update on Consolidated Administration and Processing of Entries (CAPE) Phase 1 declaration filings, as of May 11 at 7 a.m. ET.

Customs and Border Protection (CBP) released Harmonized System Update (HSU) 2610 on May 7 which contains two harmonized tariff records and four ABI records. Specifically, this HSU contains the Section 232 USMCA-Qualifying Medium-and Heavy-Duty Vehicles (MHDVs) HTS updates.

China’s General Administration of Customs is tightening its rules governing inspection and quarantine procedures for imported and exported cosmetics, with the new measures scheduled to take effect Dec. 1, 2026. The changes are intended to bring customs oversight more closely in line with China’s broader domestic cosmetics regulatory system and to create more standardized procedures at the border.

The U.S. Court of International Trade (CIT) on May 7 has ruled the Section 122 tariffs unlawful in a 2-1 split decision. NCBFAA Customs Counsel and Legislative Advisor of Sandler, Travis & Rosenberg, P.A. provides an analysis of this CIT decision and what to expect following the U.S. government's May 8 appeal for our customs broker members.

President Trump in a May 7 Truth Social post said tariffs on goods imported from the European Union “would immediately jump to much higher levels,” if the EU does not “cut their Tariffs to ZERO” by July 4. “I’ve been waiting patiently for the EU to fulfill their side of the Historic Trade Deal we agreed in Turnberry, Scotland, the largest Trade Deal, ever!” he added in the post, which followed a call with European Commission President Ursula von der Leyen.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently took its Craft Beverage Modernization Act (CBMA) Importer Claims System offline to correct erroneous import entry data they had received from Customs and Border Protection (CBP). The system was back online starting Tuesday, May 5.

Customs and Border Protection (CBP) reminded the trade that, effective April 22, drawback claims transmitted in ACE will be routed directly to the Petroleum, Natural Gas, and Minerals Center of Excellence and Expertise for more effective and efficient workload processing.

Customs and Border Protection (CBP) reminds trade members to remain vigilant in protecting their information against scammers when seeking IEEPA refunds. “With the launch of the Consolidated Administration and Processing of Entries (CAPE), CBP expects that scammers will attempt to use social media, email, and other communication methods to secure account information from importers in order to interfere with the process of refunding International Emergency Economic Powers Act (IEEPA) duties,” the agency said in a May 7 CSMS.

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 Baker Tilly and Sunday Omogoriola Ojajuni dba Elyon 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!

To help the trade prepare and monitor Consolidated Administration and Processing of Entries (CAPE) declaration submissions, Customs and Border Protection (CBP) has provided multiple ACE Reports products. On April 20, CBP released the CAPE tool in the ACE Portal to streamline the submission and processing of valid refund requests for duties imposed under the International Emergency Economic Powers Act (IEEPA).

Customs and Border Protection (CBP) on May 6 provided guidance to the trade regarding the technical corrections to Annex IV of Presidential Proclamation 11021, “Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and Copper into the United States.”