The U.S. Supreme Court recently heard oral arguments in Flowers Foods, Inc. v. Brock, No. 24-935, a case to determine whether a last-mile delivery driver who picks up products and delivers them within the same state qualifies as a “transportation worker engaged in interstate commerce” and is exempt from the Federal Arbitration Act (FAA)
February 2026 Trade Law Update
In Husch Blackwell’s February 2026 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
Should you have
CBP Reports Continued Progress on ACE CAPE System for IEEPA Refunds in CIT Filing
On March 19, 2026, Brandon Lord, the Executive Director of U.S. Customs and Border Protection, filed a status update with the U.S. Court of International Trade (“CIT”) outlining CBP’s progress in developing a new Automated Commercial Environment (“ACE”) functionality intended to support refunds of tariffs that were imposed under the International Emergency Economic Powers Act (“IEEPA”).
CBP Releases CSMS Guidance on Implementation of Jones Act Waiver
On March 18, 2026, the Trump Administration announced a 60-day waiver of the Jones Act, which requires that cargo transported between U.S. ports be carried on vessels that are U.S.-built, U.S.-flagged, and U.S.-crewed. Pursuant to Cargo Systems Messaging Service (“CSMS”) Message No. 68096516, the waiver took effect March 18, 2026, and is currently scheduled
IEEPA Refund Update
On March 12, 2026, U.S. Customs and Border Protection (“CBP”) filed a declaration with the Court of International Trade providing an update on the portal to be used for CBP to issue International Emergency Economic Powers Act (“IEEPA”) tariff refunds. According to the declaration, there will be a claim portal for users to interface with
Week in Review (March 9, 2026)
ITC Finds Strawberry Imports from Mexico Harming US
On March 12, 2026, the International Trade Commission (“ITC”) determined that imports of fresh winter strawberries from Mexico, under Harmonized Tariff Schedule 0810.10.40, are injuring the U.S. domestic industry. The ITC will issue a further update announcing the final phase of the investigation via a scheduling notice
A Temporary Waiver of the Jones Act May Be Coming in Response to the Middle East Conflict
To address disruption in the global energy flow resulting from the conflict with Iran, the White House is considering a temporary waiver of the Jones Act—the law requiring cargo moving between U.S. ports to be carried on U.S.-built vehicles. If this waiver goes into effect, it will have important implications for ocean shipping stakeholders.
To
USTR Announces Section 301 Investigation For Goods Produced With Forced Labor
On March 12, 2026, United States Trade Representative (“USTR”) Greer announced a new investigation under Section 301(b) of the Trade Act of 1974 relating to the “failure to impose and effectively enforce a ban on the importation of goods produced with forced labor are unreasonable or discriminatory and burden or restrict U.S. commerce.” According to
USTR Announces New Section 301 Investigation Into “Structure Excess Capacity and Production”
On Wednesday, March 11, 2026, United States Trade Representative (“USTR”) Greer announced a new investigation under Section 301(b) of the Trade Act of 1974 relating to “structural excess capacity and production in certain manufacturing sectors.” According to the Federal Register Notice, “[k]ey trading partners have developed production capacity untethered from the incentives of domestic
The Implications of New Fuel Surcharges in Response to Shipping Disruptions in the Middle East
Several major ocean carriers have recently announced new Energy Fuel Surcharges (EFS) in response to sharply rising bunker fuel costs resulting from the latest geopolitical disruption in the Middle East.
Despite the sudden nature of the announcements, these surcharges will still need to comply with tariff and publishing requirements established by the U.S. Federal Maritime