CAPE Phase 1 Launches April 20 U.S. Customs and Border Protection (CBP) confirmed Phase 1 of the Consolidated Administration and Processing of Entries (CAPE) portal launches on April 20, 2026, to handle IEEPA tariff refunds. This follows the Court of International Trade’s (CIT) directive after dismissing Atmus Filtration, Inc. v. United States and selecting Euro-Notions […]
OFW is pleased to share that Customs and Trade Principal Attorney Robert Kossick’s article on “U.S. Trade Policy in the Post-IEEPA Tariff Environment – What to Expect and How to Prepare” has been published by Bloomberg Law. If your business needs help navigating the post-IEEPA tariff environment, please contact OFW’s Customs and Trade Practice Group.
Robert M. Kossick in Bloomberg Law Read More »
UPDATE: CBP Creates REV-613 ACH Rejected Refunds Report (March 26, 2026) CBP has launched a new ACE report to track electronic refund rejections, critical for importers preparing for IEEPA tariff refunds through the CAPE system. Here’s what importers must know: REV-613 ACH Rejected Refunds Report Purpose: Identifies refunds rejected solely due to missing or
IEEPA Tariff Refunds: Essential ACE Setup, ACH Enrollment, and Reporting Requirements Read More »
The U.S. Supreme Court has invalidated the Trump Administration’s IEEPA-based tariffs, reshaping the legal landscape for emergency tariff authority while simultaneously triggering a new round of trade measures that importers must navigate. Below is a practical breakdown of what happened, what replaces the IEEPA tariffs, and what companies should be doing in the near term.
Supreme Court Strikes Down IEEPA Tariffs: What Importers Need to Know Now Read More »
U.S. customs and trade enforcement is entering 2026 at full throttle, and importers that treat compliance as a back-office task are assuming significant legal and financial risk. Reciprocal tariffs, expanded Section 232 investigations (based on shifting interpretations of the required value to declare for Section 232 purposes), aggressive use of the False Claims Act, and
2026 Trade Enforcement: Why Import Compliance Is Now a Board-Level Risk Read More »
CBP’s interim final rule requiring electronic refunds took effect on February 6, 2026. Importers expecting refunds of duties, taxes, fees, or interest should treat ACH refund setup as an active compliance issue now, especially if ACE refund instructions, banking details, or designated agent information were never fully completed. The immediate question is no longer how
CBP Electronic Refunds Interim Rule: What Importers Need to Know Now Read More »
Importers facing a U.S. Customs and Border Protection (CBP) detention must act quickly to protect their shipments, cash flow, and compliance record. A delay during the detention window can lead to seizure or exclusion proceedings, higher costs, and long‑term consequences for an importer’s CBP history. Detention vs. Seizure and Exclusion When CBP holds or detains
U.S. Customs Detained My Goods: What Importers Need to Know Read More »
Washington, D.C. — The principals of Olsson Frank Weeda Terman Matz PC (OFW Law) are pleased to announce the promotion of Denise Calle to Principal Attorney. Denise practices in the area of Customs and International Trade and brings extensive experience in navigating complex regulatory frameworks across multiple federal agencies. Leveraging her extensive knowledge of
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
Recommended Strategy for Importers on 2025 IEEPA Tariff Refunds Read More »
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 »
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
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
Presidential Action Imposing Duties on Imports from Canada, Mexico and China Read More »
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
Trump Says New Tariffs Are Coming, But None Imposed Yet Read More »
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
Anticipating President-Elect Trump’s Executive Orders and Trade Remedy Tariffs Read More »
Your shipment is detained at the border. CBP has flagged a supplier somewhere in your supply chain — a company you may have never directly worked with — as linked to a UFLPA Entity List addition. The clock is ticking on your response window, and the documentation burden is substantial. I’ve seen this scenario play
UFLPA Entity List Update: What Importers Need to Know Read More »
This is a brief summary of a client-issued memorandum. Should you be interested in more detailed information, please contact Jessica Rifkin or Denise Calle. What Does a Second Trump Administration Mean for Tariffs? The short answer is that while it is very difficult to predict what will actually occur, those with international supply
Tariffs Under a Second Trump Administration Read More »
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 »
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.
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
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
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
On December 26, the USTR announced that it is once again extending the only remaining exclusions from the Section 301 tariffs. The exclusions had been set to run through December 31, 2023, and will now run through May 31, 2024. The draft notice can be found here. Which Exclusions Have Been Extended? The
USTR EXTENDS EXISTING SECTION 301 CHINA TARIFF EXCLUSIONS, AGAIN Read More »
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
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
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
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 »
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 »
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 »
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 »
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
FTC to Issue Final Rule to Combat “Made in USA” Fraud Read More »
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
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 »
