Monday Morning eBriefing

The State Department’s Directorate of Defense Trade Controls (DDTC) in a final rule on Nov. 7 removed Cambodia from 22 CFR 126.1 as a country subject to certain prohibitions for defense articles and defense services.

The Environmental Protection Agency (EPA) on Nov. 13 issued a proposed rule to amend the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAs). Most importantly, the proposed rule includes an exemption for reportable PFAS included in imported articles.

Customs brokers report increased scrutiny of certain fresh squid imports by the U.S. Fish and Wildlife Service (FWS) which is causing holds and delays. The NCBFAA Regulatory Agencies Committee (RAC) reached out to FWS for further guidance.

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’s Bureau of Industry and Security (BIS) has suspended its Interim Final Rule (IFR), “Expansion of End-User Controls for Affiliates of Certain Listed Entities,” for one year, effective Nov. 10. Unless there is a future extension, the suspension will end Nov. 9, 2026.

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) sent a reminder to the trade it will begin enforcement actions related to the FIRMS Code, Zone ID, and Port of Entry data which is submitted to ACE Foreign Trade Zone Admission transactions in the Production (PROD) environment.

Customs and Brokers Protection (CBP) is automating the submission method for individual customs broker license applications. As of Nov. 14, individual license applicants will complete and submit all applications and associated fees through the eCBP portal. Individual license applications hand delivered, mailed, or emailed on or after Nov. 14 will be returned to the applicant for submission through the eCBP portal.

The Treasury, State, and Commerce departments on Nov. 10 issued a tri-seal advisory detailing the sanctions and export controls relief the U.S. Government has implemented for exports to Syria since the removal of comprehensive Syrian sanctions in June. On the same day, the Secretary of State signed a determination suspending for 180 days the imposition of some sanctions on Syria pursuant to the Caesar Act.

The Food and Drug Administration (FDA) issued a message to the trade to improve filing accuracy of GLP-1 weight loss drugs. The agency has noticed misclassifications of the GLP-1 drug products as cosmetics, peptides or inaccurate drug products, as well as inappropriate disclaims as "for research purposes" or "not for human consumption."

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

Oral arguments before the U.S. Supreme Court on Nov. 5 lasted over two-and-a-half hours on the delegation of Congress’ taxing authority to the President to issue tariffs under the IEEPA. Would omitting tariffs as a tool during such an emergency represent a doughnut hole in the law, as counsel would suggest?

The NCBFAA Customs Committee and Counsel of Sandler, Travis & Rosenberg, P.A., will track U.S. Supreme Court’s decision following the Nov. 5 oral arguments regarding the legality of the IEEPA tariffs imposed since the start of this year by the Trump administration. In addition, the Committee makes customs broker members aware of recent Customs and Border Protection (CBP) guidance for import entry filings related to Chinese product tariffs following President Trump’s meeting with Chinese President Xi Jinping in South Korea on Oct. 30.

The Food and Drug Administration (FDA) said it will no longer use the Customs and Border Protection (CBP) CSMS to issue informational messages. The agency will now issue these messages directly to the trade using our own automated notification system.

The Canadian Apparel Association will hold a webinar on the U.S. Consumer Product Safety Commission (CPSC) regulations on Nov. 11. U.S. customs brokers with Canadian apparel importer clients will want to share this information with their Canadian clients.

We are thrilled to share that registration for the 53rd NCBFAA Annual Conference has opened with incredible momentum — in fact, it’s taken off like gangbusters! Interest is at an all-time high, and we’re already seeing registrations and hotel rooms fill up faster than ever. If you haven’t registered yet, we strongly encourage you to do so as soon as possible to guarantee your place at this year’s event.

NCBFAA on Nov. 3 submitted comments to the Office of the U.S. Trade Representative (USTR) in which it voiced “strong support” for the U.S.-Mexico-Canada Agreement (USMCA) but with enhancements. Through its “Ten Point Plan,” NCBFAA outlined essential points to enhance USMCA so that the agreement provides a transparent and uniform framework in which customs brokers and freight forwarders can operate to achieve compliance with the USMCA and its intended objectives.

The NCBFAA Regulatory Agencies Committee (RAC) previously reported on the new Food and Drug Administration (FDA) Import Certification requirements for certain shrimp and spice products from Indonesia's Java and Lampung Provinces due to contamination risks from Cesium-137. This is the first time that FDA has used its authority to require Import Certification, which requires certification by a designated Indonesian entity before products leave the port of export.

Customs brokers and importers should be aware that the Fish and Wildlife Service (FWS) is requesting additional information from importers on specific shipments of squid from Argentina. The information is not a permanent new requirement but is being requested on a case-by-case basis.

On behalf of NCBFAA's Board of Directors, Leadership and Staff, we want to take a moment to acknowledge and welcome Blufenix International and EDI Software Solutions 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! NCBFAA also acknowledges Regular Member corporate name change for Piatek Customs & Logistics LLC.