International Trade Compliance News Articles

News Articles

Judicial Deference in Customs Litigation

Mike Smiszek August 9, 2024

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

A Day in the Life of a Trade Compliance Manager: A Corporate Parable

Mike Smiszek August 9, 2024

A fly on the wall at an executive retreat for Acme Super Duper Widget Company overhears the following conversation between Pete, the CFO, and Saira, the General Counsel.

Level-Up Your CTPAT Portal

Judy Davis June 14, 2024

The CTPAT portal has been a work in progress for a number of years with the latest portal update (3.0) launched at the end of 2023. Let’s take a few minutes to explore a few strategies for best outcomes while avoiding common challenges and the SCSS response request for “more information”.

Tariffs and Trade

Robert Stein June 12, 2024

Those who cannot remember the past are condemned to repeat it.” – George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment to research.

New Legislation Extends Statute of Limitations for Sanctions Violations

Adrienne Braumiller June 10, 2024

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing various U.S. sanctions-related measures. These sanctions measures extended the statute of limitations (“SOL”) from five to ten years for civil and criminal violations of sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

BRICS–A Focus on De-Dollarization and Global Expansion

Bob Brewer June 10, 2024

The new world order apparently has some merit as more than 30 nations have reportedly submitted applications to join the BRICS alliance wanting to reduce reliance on the US dollar. This wave of applications is a testament to the trust in the BRICS alliance as a viable option to a traditional economic structure. The BRICS alliance has broad shoulders and is representative of considerable economic growth.

Summary of the Findings of the USTR Four-Year Review of Actions Taken in the Section 301 Investigation

James Holbein June 10, 2024

On May 14, 2024, the United States Trade Representative (USTR) released its Final Report relating to the four-year review of actions taken in the Section 301 investigation. Within the Report, the USTR confirmed that it intends to take actions to raise tariffs on specific products as a result of the comprehensive review.

Australia and United Kingdom License Exemptions on the Way!

Bruce Leeds June 10, 2024

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.

USTR Extends Certain Section 301 Exclusions for One Year – Is Your Exclusion Still Valid?

Brandon French June 10, 2024

The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025. Within the Notice, the USTR explained that extending these exclusions will support efforts to shift sourcing out of China, or provide additional time where, despite efforts to source products from alternative sources, availability of the product outside of China remains limited.

Overcoming Obstacles: Challenges Faced by China’s FDI in Mexico

Kerry Wang June 10, 2024

China’s foreign direct investment (FDI) in Mexico has seen substantial growth in recent years, reflecting a strategic alignment with global economic shifts and regional trade dynamics. This trend positions China as one of the fastest-growing sources of foreign investment in Mexico, with the majority of investments flowing into the manufacturing sector.

CAPE Phase 3 Set for October 6 After Data-Validation Delay: What Importers Should Know

Brandon French October 6, 2026

On February 20, 2026, the Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The Supreme Court did not itself order refunds; the U.S. Court of International Trade (CIT) did.

A Bad Actor, AI, and the Potential Creation of Global Trade Chaos and Armageddon

Bob Brewer October 2, 2026

With the ever-growing barrage of rhetoric over just how, when, and if, AI will kill us all, the conversation also lends itself to, do we believe it will be AI that kills us, or a bad actor using AI?

Ignorance is Not Bliss: The BIS Affiliates Rule

Megan Mohler October 2, 2026

The time has come. The U.S. Bureau of Industry and Security’s (“BIS”) Affiliates Rule that was postponed last year is slated to take effect November 10, 2026, barring another extension.

CBP Asks for Comments On Supply Chain Compliance by 12/1/2026

James Holbein October 2, 2026

CBP issued an Advance notice of proposed rulemaking, “Heightened Import Disclosures for Supply Chain Visibility,” 91 Fed Reg 56408 (FRN), on September 2, 2026. Responses are due to CBP by December 1, 2026, using the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP–2026–1058.

U.S.-China “30-for-30” Tariff Lists Are Out, but Rates and Timing Are Not

Kerry Wang October 2, 2026

Chinese President Xi Jinping made a reciprocal state visit to Washington last week, meeting with President Donald Trump. The White House announced the new U.S.-China Board of Trade had reached a consensus on recommendations for more favorable tariff treatment on $30 billion of non-sensitive goods in each direction.

SEC Seeks Comments on Proposed Crypto Asset Offering Rules by October 20, 2026

James Holbein October 2, 2026

The Securities and Exchange Commission issued a proposed rule, “Regulation Crypto Assets,” 91 Fed. Reg. 54510, on August 21, 2026 (FRN). Comments are due by October 20, 2026. Comments should reference File Number S7-2026-27 and may be submitted through the SEC.

Lực Lượng Chống Gian Lận Thương Mại: Kỷ nguyên mới của việc siết chặt kiểm soát thương mại

Brandon French October 2, 2026

Vào ngày 25 tháng 8 năm 2026, U.S. Department of Justice (DOJ) đã phối hợp với U.S. Department of Homeland Security (DHS) và U.S. Customs and Border Protection (CBP) để ra mắt Lực Lượng Chống Gian Lận Thương Mại (Trade Fraud Task Force). Lực lượng này đóng vai trò quan trọng trong chính sách siết chặt việc kiểm soát hành vi trốn thuế quan, gian lận hải quan và các hình thức buôn lậu theo Tariff Act of 1930, False Claims Act (FCA), cũng như các quy định về gian lận thương mại và âm mưu phạm tội thuộc Title 18.

Trade Fraud Task Force: A New Era of Trade Enforcement

Brandon French October 2, 2026

On August 25, 2025, the U.S. Department of Justice (DOJ) launched the Trade Fraud Task Force (Task Force) in collaboration with the U.S. Department of Homeland Security (DHS) and the U.S. Customs and Border Protection (CBP). The cross-agency Task Force is a crucial part of the Administration’s enforcement agenda against tariff evasion, Customs fraud, and smuggling schemes under the Tariff Act of 1930, the False Claims Act (FCA), and Title 18’s trade fraud and conspiracy provisions.

CBP Can Now Void Importer of Record Numbers for Inaccurate Form 5106 Data

Jennifer Horvath October 2, 2026

On September 18, 2026, U.S. Customs and Border Protection (CBP) began enhanced enforcement of importer of record (IOR) identity data on CBP Form 5106. CBP announced the enforcement program in a general notice published in the Federal Register. Accuracy of Importer of Record Data Submitted to CBP.

Duty Drawback and Commingled Returns: CBP Approves an Accounting Method Solution

Kerry Wang October 2, 2026

Unused merchandise drawbacks allow a claimant to recover up to 99% of the duties paid on imported goods that are exported, unused, within five years of importation. For importers of apparel, footwear, eyewear, and accessories, customer returns complicate that recovery. Once a product has been sold at retail and is returned, United States Customs and Border Protection (CBP) treats it as merchandise that may have been used for its intended purpose, and its new appearance does not prove otherwise.

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