On Friday, October 23, President Trump issued a Proclamation (the Proclamation) modifying the scope of products from Canada subject to Section 338 tariffs. Please see our previous post on Section 338 tariffs here.
The Federal Maritime Commission (FMC) has proposed new restrictions after Spain denied port access to certain U.S.-flagged vessels. The proposal would impose a $200,000 fee each time a Spanish-flagged vessel enters a U.S. port and restrict certain imports from Spain, including olive oil, sugar and confectionery, perfumery and cosmetics, articles of stone, and ceramics.
On October 8, 2026, the U.S. Court of International Trade (CIT) granted Plaintiff Freestyle World, Inc.’s (Freestyle World) motion for class certification and appointment of class counsel. The relief sought by Freestyle World, on behalf of itself and the proposed class, is an injunction directing liquidation or reliquidation of entries without regard to unlawfully imposed International Emergency Economic Act (IEEPA) duties.
On October 5, 2026, a group of importers led by V.O.S. Selections filed a brief at the U.S. Court of Appeals for the Federal Circuit urging the Court to uphold the Court of International Trade’s (CIT) universal injunction directing the U.S. Customs and Border Protection (CBP) to refund duties imposed under the International Emergency Economic Powers Act (IEEPA) to all affected importers. The government, appealing the CIT’s nationwide order, has argued that the CIT is barred from issuing universal injunctions after the Supreme Court’s Trump v. CASA, Inc., 606 U.S. 831 (2025) decision and contended that the CBP cannot reliquidate finally liquidated entries to issue refunds without importer-specific court orders, relying in part on a narrower view of CBP’s reliquidation authority under 19 U.S.C. § 1501.
On September 2, 2026, U.S. Customs and Border Protection (CBP) issued an advance notice of proposed rulemaking (Notice), titled Heightened Import Disclosures for Supply Chain Visibility (Docket No. USCBP-2026-1058; RIN 1685-AA47).
The Notice, issued as part of Executive Order 14411, “Strengthening Customs Enforcement,” aims to enhance transparency across supply chains and strengthen efforts to detect and prevent illicit imports, including illegal transshipment. To achieve this, CBP is exploring significant changes to import filing and record keeping processes.
Excess Capacity
On September 30, 2026, members of the Global Forum on Steel Excess Capacity (GFSEC) adopted a Comprehensive Framework for Joint Action (the Framework) to address persistent global steel excess capacity. Representing market-based steel producing economies that account for nearly 56 percent of global steel imports, GFSEC members committed to a coordinated set of actions aimed at restoring a level playing field and protecting the long-term viability of the international steel industry.
GFSEC members include Argentina, Australia, Austria, Belgium, Brazil, Canada, the European Union, Finland, France, Germany, Greece, Hungary, Italy, Japan, the Republic of Korea, Luxembourg, Mexico, the Netherlands, Norway, Poland, the Slovak Republic, South Africa, Spain, Sweden, Switzerland, Türkiye, the United Kingdom, and the United States.
U.S. Customs and Border Protection (CBP) has issued guidance (CSMS #70050970) on Presidential Proclamations 11061 (alcohol), 11062 (dairy), and 11063 (motor vehicles), which exclude a defined list of Canadian products from importation into the United States.
On September 28, 2026, U.S. Customs and Border Protection (CBP) issued CSMS #70054007, providing updated guidance on the implementation of the Section 232 duties on imported pharmaceuticals and pharmaceutical ingredients imposed under Presidential Proclamation 11020. The guidance also incorporates the Department of Commerce’s (DOC) September 23, 2026 Federal Register notice (91 FR 60360), which identifies products and jurisdictions eligible for certain duty-free treatment and implements several technical corrections to the pharmaceutical tariff regime.
On September 27, 2026, the White House issued a press release announcing the creation of the U.S.-China Board of Trade, a new government-to-government body tasked with managing trade between the two countries. Critically, the press release indicated that the two sides released a companion “30-for-30” framework aimed at reducing tariffs on products.
What is the Board
U.S. Customs and Border Protection (CBP) recently issued guidance via the Cargo Systems Messaging Service (CSMS) on filing entries for imports from Canada subject to duties under Section 338 of the Tariff Act of 1930 (Section 338). We previously covered President Trump’s imposition and subsequent modification of these Section 338 tariffs here, here, and here.