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.

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 Food and Drug Administration (FDA) issued a message to the trade as a part of its goal to secure accurate import entries for electronic nicotine delivery systems (ENDS) which are regulated by the agency. FDA has observed that some ENDS products are being misclassified, or inappropriately disclaimed, bypassing FDA’s review of the entry data needed to determine admissibility.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome MTS Customs Brokerage which has recently joined our association. We're so excited to have this firm join our organization and we are happy to assist in any way we can!

Registrations for the 53rd NCBFAA Annual Conference are on the rise and our hotel room block is starting to fill up fast. We strongly encourage you to register as soon as possible to guarantee your place at this year’s event!

Customs and Border Protection (CBP) announced the selection of 26 stakeholders to participate in the Reimbursable Services Program (RSP), as provided for under Section 481 of the 2002 Homeland Security Act.

Customs and Border Protection (CBP) reminded the trade that on Dec. 1 the agency will discontinue the use of the Document Image System (DIS) for submitting outbound vessel cargo declarations. This includes the CBP Form 1302A: Cargo Declaration, supplemental form CBP 168, and any associated documents that comprise the outbound cargo manifest.

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., provide our customs broker members with the latest details of the White House tariff reductions for agricultural product imports, particularly the recent elimination of the 40% tariffs on certain agricultural goods from Brazil. The Committee will continue sending our members Trump Administration tariff updates and subsequent Customs and Border Protection guidance, as soon as received.

The USDA Agricultural Marketing Service (AMS) provided clarifying guidance to the trade for pistachio MO5 message set filings. The agency monitors the aflatoxin sampling and testing of raw and blanched, shelled and inshell pistachios under HTS codes 0802.52.0000 and 0802.51.0000. These products must be filed under the MO5 message set.

The Food and Drug Administration (FDA) has issued guidance for trucks turned around at the Port of Detroit for FDA afterhours holds. The NCBFAA Regulatory Agencies Committee (RAC) is concerned about the potential for confusion if this process is not well-coordinated between Customs and Border Protection (CBP) and FDA.

The Customs and Border Protection (CBP) Area Port Houston-Galveston Office has notified vehicle exporters of a change of address for submitting vehicle ownership documentation, as currently required by 19 CFR 192, starting Jan. 11, 2026.

The USDA Animal and Plant Health Inspection Service (APHIS) is reminding the trade that the temporary suspension of the hyphen requirement for ISPM‑15 markings on Wood Packaging Material will end on Dec. 31, 2025.

The NCBFAA Regulatory Agencies Committee (RAC) recently met with Drug Enforcement Administration (DEA) officials to learn more about their recent outreach tour of local ports and customs broker/freight forwarders. DEA said its efforts are meant to educate the shipping community on the danger presented by imported precursor chemicals used to produce fentanyl.

China is placing new restrictions on fentanyl precursor chemicals exported to North America. The action followed a visit by FBI Director Kash Patel and is intended to stem North American production of fentanyl using the Chinese precursor chemicals.

NCBFAA invites you to participate in its upcoming Exhibitor MarketPlace and Sponsor opportunities during the 53rd NCBFAA Annual Conference in San Antonio, TX, on April 12-15, 2026.

The Consumer Products Safety Commission (CPSC) E-Filing Webinar on Nov. 17 drew a record crowd, with panelists providing thought-provoking information on this complex new regulatory requirement. The webinar was moderated by Michele Pearce of A.N. Deringer, Inc., who serves as NCBFAA Regulatory Agencies Committee (RAC) CPSC Subcommittee Chair, and featured Monica DeMars of C.H. Robinson and Eric Sherman, Director of Customs Compliance for Dollar Tree Stores. All panelists have participated in the voluntary CPSC pilot for over a year and shared the challenges and opportunities for customs brokers and importers.

Customs and Border Protection (CBP) on Nov. 21 announced the addition of qualified parties permitted to pay duties on international mail shipments, following the end of de minimis duty-free status on shipments entering the U.S.

Customs and Border Protection (CBP) on Dec. 1 plans to conduct a pilot for asset-based and non-asset-based third-party logistics providers (3PLs) to participate in the Customs Trade Partnership Against Terrorism (CTPAT) Program.

Customs and Border Protection on Nov. 21 published an interim final rule amending regulations pertaining to the Air Cargo Advance Screening (ACAS) program to require additional data elements, with the amendments taking effect immediately. The agency said it will accept comments regarding the changes to ACAS through Jan. 20, 2026.

Customs and Border Protection (CBP) said the agency’s Drawback Specialists and drawback program has successfully transferred from Chicago to the Petroleum, Natural Gas and Mineral Center of Excellence and Expertise in the Houston Field Office for enhanced uniformity and oversight. The move became effective Oct. 6.