Customs/CBP

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On March 17, 2026, Chief Judge Mark Barnett of the U.S. Court of International Trade (“CIT”) issued an order of reassignment transferring cases seeking refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”) to CIT Senior Judge Richard Eaton.  Chief Judge Barnett’s order effectively ratified Judge Eaton’s March 4, 2026 order in…

On March 6, 2026, Brandon Lord, a U.S. Customs and Border Protection (CBP) official who, inter alia, leads CBP’s strategic efforts to enforce and protect tariff revenue, submitted a declaration to the U.S. Court of International Trade outlining a proposed process for issuing refunds for importers who have paid tariffs under the International Emergency Economic…

On March 2, 2026, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a per curiam order granting the plaintiffs’ February 24, 2026 motion in V.O.S. Selections v. Donald J. Trump, et al. to immediately issue the Federal Circuit’s mandate, remanding the case to the U.S. Court of International Trade (“CIT”) for…

In a 6-3 ruling, the Supreme Court of the United States ruled that the International Emergency Economic Powers Act (IEEPA) does not grant the president power to impose tariffs. In response, President Donald Trump issued a temporary 10% tariff on all imports pursuant to Section 122 of the Trade Act of 1974. Importers of record…

On Sunday, February 22, 2026, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) Message # 67834313 to clarify that the U.S. government will stop collecting tariffs subject to the International Emergency Economic Powers Act (IEEPA) beginning Tuesday, February 24, 2026. The CSMS message follows the U.S. Supreme Court’s decision on Friday…

On February 20, 2026, the U.S. Supreme Court (SCOTUS) in a 6-3 ruling determined that President Donald Trump’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs was unlawful. In its decision, the SCOTUS stated: “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints. …

On January 2, 2026, U.S. Customs and Border Protection (“CBP”), an agency within the U.S. Department of Homeland Security, published an interim final rule announcing it will move to an all-electronic refund system beginning February 6, 2026.  As a result, the agency will no longer issue paper checks for refunds—including tariff refunds—absent a waiver approved…

  • Hundreds of new cases have been filed at the U.S. Court of International Trade (“CIT”) since the November 5, 2025 oral arguments at the U.S. Supreme Court (“SCOTUS”) in the appeal challenging the legality of the International Emergency Economic Powers Act (“IEEPA”) as the statutory authority to impose tariffs and seeking to preserve
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On November 18, 2025, U.S. Customs and Border Protection (CBP) announced the issuance of a Withhold Release Order (WRO) against garments, apparel, and textiles manufactured in Mauritius by Firemount Group Ltd. The WRO follows an investigation into the company where CBP discovered several indicators of forced labor use, including abuse of vulnerability, debt bondage, deception…

Key Notes

  • Tariff undervaluation may result in criminal charges.
  • False country of origin may result in government procurement-related fraud charges, not only tariff-related fraud charges.

The Department of Justice (DOJ) in September announced the unsealing of an indictment charging two Colorado companies and three executives with a multiyear scheme to sell Chinese made forklifts to…