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Recommended Strategy for Importers on 2025 IEEPA Tariff Refunds

Customs and Trade /

On December 15, 2025, the U.S. Court of International Trade (CIT) issued a pivotal decision affecting importers seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Court denied a motion by a consolidated group of plaintiffs (including Costco) that sought an injunction preventing U.S. Customs and Border Protection (CBP) from liquidating IEEPA‑tariffed entries. The Court’s decision […]

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CF‑28/29 Enforcement: What Importers Are Seeing Now on IEEPA and Steel/Aluminum Tariffs

Customs and Trade /

In recent months, there has been a noticeable shift in how U.S. Customs and Border Protection (CBP) is handling Requests for Information (CF‑28) and Notices of Action (CF‑29) in the Section 232 and IEEPA tariff context. Importers, brokers, and in‑house counsel should expect more direct CF‑29s proposing duty increases, with less reliance on CF‑28s as

CF‑28/29 Enforcement: What Importers Are Seeing Now on IEEPA and Steel/Aluminum Tariffs Read More »

Navigating the IEEPA Tariff Challenges— Preserve Your Rights to Potential IEEPA-Based Tariff Refunds

Customs and Trade, USTR /

The ongoing court challenges to tariffs imposed under the International Emergency Economic Powers Act (IEEPA) are creating uncertainty for many U.S. importers. Recent federal court rulings have questioned whether IEEPA authorizes tariff measures at all, and the Supreme Court has now agreed to review the issue. If the Court ultimately finds these duties unlawful, the decision could

Navigating the IEEPA Tariff Challenges— Preserve Your Rights to Potential IEEPA-Based Tariff Refunds Read More »

Presidential Action Imposing Duties on Imports from Canada, Mexico and China

Customs and Trade /

On February 1, President Trump issued a White House Fact Sheet announcing the imposition of 25% tariffs on Canadian- and Mexican-origin goods, and 10% tariffs on Canadian-origin “energy and energy resources”[1] and Chinese-origin goods. On the same day, Trump issued an Executive Order imposing these announced duties on products of Canada.  While the White House

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Trump Says New Tariffs Are Coming, But None Imposed Yet

Customs and Trade, USTR /

On Monday, January 20, 2025, President Trump took his first tariff and trade related action of his second term with the issuance of an  Executive Order on America First Trade Policy. The Order does not impose any new tariffs or other measures; rather, it directs members of his administration to conduct studies of numerous potential

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Anticipating President-Elect Trump’s Executive Orders and Trade Remedy Tariffs

Customs and Trade, USTR /

As President-elect Donald Trump prepares to assume office next Monday (January 20), news reports suggest he intends to issue approximately 100 executive orders on Monday or shortly thereafter.  Given his repeated emphasis on tariffs as a policy tool during the 2024 election and the run-up to his inauguration, we expect new tariff actions to be

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Expansion of the UFLPA Entity List: Implications for Importers

Customs and Trade, USTR /

Effective Monday, November 25, the Department of Homeland Security (DHS) has added 30 new entities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, as detailed in the Federal Register notice publication. This marks a substantial increase in the list. DHS will now restrict goods from over 100 PRC-based companies from entering the United

Expansion of the UFLPA Entity List: Implications for Importers Read More »

Food, Ag, & Trade Outlook in the Incoming Trump Administration

FDA, Agriculture & Agribusiness, Customs and Trade, Food Distribution & International Trade, For Export, Government Relations, Health Care, Healthcare, USDA, USTR /

The food, agriculture, and trade sectors are aware the Trump Administration could bring myriad policy changes that could have a significant impact on business.    OFW Law provides an initial outlook at the new administration’s approach to food, agriculture, and trade, which will be influenced by individual cabinet and other executive branch appointments who will

Food, Ag, & Trade Outlook in the Incoming Trump Administration Read More »

CBP Operations During ILA Strike – Updates from CBP Trade Call and Recent Cargo Systems Messaging Service

Customs and Trade, USTR /

The International Longshoremen’s Association (ILA) strike is in effect as of October 1, 2024, until the large U.S. maritime workers’ union finalizes negotiating with the United States Maritime Alliance (USMX). This strike has shut down approximately 36 major U.S. ports along the East Coast and the Gulf of Mexico leading to significant disruption in U.S.

CBP Operations During ILA Strike – Updates from CBP Trade Call and Recent Cargo Systems Messaging Service Read More »

USTR and the White House Announce the Increase of Section 301 Tariffs on Certain Products, a Limited Exclusion Process, and the Increase of CBP Enforcement

USTR, Customs and Trade, Uncategorized /

Today, the White House and the Office of the U.S. Trade Representative (USTR) announced the results of the USTR’s statutory 4-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (the China tariffs imposed under former President Trump).  As had

USTR and the White House Announce the Increase of Section 301 Tariffs on Certain Products, a Limited Exclusion Process, and the Increase of CBP Enforcement Read More »

U.S. Preliminarily Finds Countervailable Subsidies are Being Provided to Producers and Exporters of Frozen Warmwater Shrimp from Ecuador, India and Vietnam but not Indonesia

For Export, Customs and Trade /

On March 26, 2024,  the U.S. Department of Commerce (“Commerce”) issued  unpublished preliminary affirmative determinations in the countervailing duty (“CVD”) investigations on frozen warmwater shrimp (hereinafter “shrimp”)  from Ecuador, India and Vietnam finding that countervailable subsidies are being provided to producers and exporters of frozen shrimp from Ecuador, India and Vietnam.  As provided below, the

U.S. Preliminarily Finds Countervailable Subsidies are Being Provided to Producers and Exporters of Frozen Warmwater Shrimp from Ecuador, India and Vietnam but not Indonesia Read More »

Trade Update: CPSC Urges Importers, Distributors, and Retailers to Stop Importing, Distributing, and Selling Roller Ball Candy-type Products

Customs and Trade /

Today, the U.S. Consumer Product Safety Commission (CPSC), which is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products, is warning consumers about the choking risk associated with roller ball candy type products and advises them not to buy or use

Trade Update: CPSC Urges Importers, Distributors, and Retailers to Stop Importing, Distributing, and Selling Roller Ball Candy-type Products Read More »

Your Guide to Importing Human Food Into the U.S.

Customs and Trade, USTR /

OFW’s Customs and Trade team regularly assists food importers with import compliance and enforcement matters. Importers of human foods should be familiar with the importation process and requirements prior to importation. Otherwise, the product and importer could be subject to U.S. Customs and Border Protection (CBP) and U.S. Food and Drug Administration (FDA) enforcements, such

Your Guide to Importing Human Food Into the U.S. Read More »

International Travelers Beware: CBP Seized More Than $7 million from Travelers Across the U.S. in October 2023

Customs and Trade, Uncategorized, USTR /

Did you know that if you travel to the U.S. carrying large amounts of money, you are required to report that money to U.S. Customs and Border Protection (CBP)?  Failure to report can lead to the seizure of your money by CBP, with no guarantee that it will be returned to you. The penalties for

International Travelers Beware: CBP Seized More Than $7 million from Travelers Across the U.S. in October 2023 Read More »

Scope Comments in Antidumping and Countervailing Investigations on Aluminum Extrusions Due November 13, 2023

Customs and Trade /

As per the Department of Commerce’s (“Commerce”) notices published on October 31, 2023 in the Federal Register, Commerce has initiated new  antidumping duty (ADD) and countervailing duty (CVD) investigations on aluminum extrusions.    Commerce is also requesting comments by November 13, 2023 on the scope (product coverage) and product characteristics of the investigations.  The ADD

Scope Comments in Antidumping and Countervailing Investigations on Aluminum Extrusions Due November 13, 2023 Read More »

Decoding CBP’s Modernized Customs Broker Regulations – What You Need to Know

Customs and Trade, Uncategorized /

U.S. Customs and Border Protection (CBP) issued the final rule modernizing the customs broker regulations 19 CFR 111 with an effective date of December 19, 2022.   Key changes include transitioning to a national permit framework, requiring that a customs broker have direct communication with an importer, revising the standard of care of using responsible supervision

Decoding CBP’s Modernized Customs Broker Regulations – What You Need to Know Read More »

USTR Extends Existing Section 301 China Tariff Exclusions

Customs and Trade /

The USTR announced that it is extending the only exclusions from the Section 301 tariffs on Chinese-origin goods that currently exist.  The exclusions will now run through December 31, 2023.  The draft notice can be found here.   The exclusions, which fall within two groups, were previously set to expire on September 30, 2023.   352

USTR Extends Existing Section 301 China Tariff Exclusions Read More »

Hemp Now Included in Agricultural Technical Advisory Committee (ATAC)

Agriculture & Agribusiness, Cannabis, Government Relations, USDA, USTR /

The United States Department of Agriculture (USDA) will include ‘Hemp’ in the title of one of the six Agricultural Technical Advisory Committees (ATACs) – noting a significant evolution in both agriculture and cannabis policy. Specifically, ‘Hemp’ has now earned a place within the ATAC titled ‘Tobacco, Cotton, Peanuts, and Hemp.’ The ATACs were established under

Hemp Now Included in Agricultural Technical Advisory Committee (ATAC) Read More »

USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, Government Relations, USDA, USDA FSIS, USTR /

On Tuesday, November 16th, 2021, the United States Trade Representative (USTR) and the United States Department of Agriculture (USDA) held an informal informational meeting on the General Administration of Customs of the People’s Republic of China’s (GACC) Decrees 248 and 249 affecting U.S. agricultural exports. The Decrees, which were published in 2019, set out new

USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249 Read More »

FTC to Issue Final Rule to Combat “Made in USA” Fraud

Food Distribution & International Trade, Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing, Government Relations, USDA, USTR /

On July 1st, the Federal Trade Commission voted 3-2 to publish the final Made in USA Labeling Rule in the Federal Register.  The rule is consistent with – and essentially codifies – its prior 1997 Enforcement Policy Statement on U.S. Origin Claims, and provides the agency with enforcement tools to combat fraudulent claims.   The rule

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U.S. Trade Representative Announces Increased Chinese Tariffs, Promises to Provide Exclusion Process

USTR /

On Wednesday, May 8th, the U.S. Trade Representative (USTR) announced plans to increase tariffs to 25 percent on approximately $200 billion worth of goods imported from China. These goods are already subject to an additional 10 percent tariff pursuant to USTR’s September 2018 actions. USTR is applying these tariffs pursuant to a Section 301 investigation

U.S. Trade Representative Announces Increased Chinese Tariffs, Promises to Provide Exclusion Process Read More »

U.S. Trade Representative Requests Comments on Potential E.U. Tariffs

USTR /

On Friday, April 12, the U.S. Trade Representative (USTR) initiated an investigation to enforce the United States’ rights resulting from the World Trade Organization (WTO) dispute that the US filed against the European Union (EU) challenging EU subsidies on large civil aircraft. The action that USTR is proposing is the levy of additional duties on

U.S. Trade Representative Requests Comments on Potential E.U. Tariffs Read More »

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