05/30/2025

Appeals Court Grants Temporary Pause in Government Tariff Enforcement Case

Check out this week's Customs Corner to read about the latest on certain tariffs, AGOA 2026, proposed changes to the Global Business Identifier Test, and more

Trade and Customs Updates

1) Appeals Court Grants Temporary Pause in Government Tariff Enforcement Case

The U.S. government is currently appealing a decision that blocks the enforcement of certain tariffs. While the appeal is underway, the appellate court has granted a temporary administrative stay, allowing the tariffs to remain in effect for now. A final decision on whether to maintain the stay throughout the appeal will follow after the parties complete their briefing. 

 

The U.S. Court of International Trade previously ruled against the federal government, finding that certain tariffs were unlawfully imposed. The court not only invalidated the tariffs but also issued a permanent injunction, effectively barring the government from enforcing them. 

 

In response, the government appealed the decision and sought several forms of procedural relief:

  • Consolidation of Appeals to streamline related cases into a single appellate proceeding.
  • A stay of CIT’s judgment, which would suspend enforcement of the injunction during the appeal.
  • An administrative stay, requesting an immediate, short-term pause in the injunction while the appellate court considers the broader stay request.

 

On review, the appellate court issued the following directives:

 

  1. Appeals Consolidated:
    The court has approved the government's request to consolidate the related appeals. This means:
    • The cases will proceed as a single appellate matter.
    • A unified set of legal briefs will be filed.

    • A new, consolidated case caption will be used going forward.

       

  2. Administrative Stay Granted:
    The appellate court has temporarily stayed CIT’s injunctions and judgments. This temporary pause allows the government to continue enforcing the contested tariffs while the court considers the full stay request. The administrative stay will remain in effect until the court issues a decision on the longer-term stay.

     

  3. Notification Requirement:
    All parties involved are required to immediately inform the appellate court if the CIT takes any further action regarding the government’s separate stay request.

     

  4. Briefing Schedule Established:
    The court has outlined a briefing timeline for the parties:
    • Plaintiffs (who prevailed at the CIT) must file their response to the stay request by June 5, 2025.
    • The U.S. government may submit a consolidated reply by June 9, 2025.

 

GEODIS will continue to provide updates as new information is released.

 

2) Request for Comments Concerning Country Eligibility for AGOA 2026

AGOA, which is set to expire on September 30, 2025, allows the U.S. President to grant eligible sub-Saharan African countries duty-free access to U.S. markets for certain goods, beyond what is provided under the Generalized System of Preferences (GSP). Eligibility is based on criteria set out in section 104 of AGOA and section 502 of the Trade Act of 1974.

 

To qualify, countries must show progress in areas such as:

  • A market-based economy
  • Rule of law and political pluralism
  • Due process rights
  • Open trade and investment policies
  • Poverty reduction and anti-corruption measures
  • Worker rights protections
     

Countries must also avoid actions that harm U.S. national security, foreign policy interests, or violate human rights.
 

The President is required to annually monitor and assess countries' compliance. If a country fails to make continual progress, AGOA benefits may be withdrawn, suspended, or limited.

 

Important Dates:
 

June 30, 2025 at 11:59 p.m. EDT: Deadline for submission of pre-hearing written comments, requests to testify, and written testimony, regarding the eligibility of countries to be designated as beneficiary sub-Saharan African countries. 
 

July 18, 2025 at 10:00 a.m. EDT: The AGOA TPSC Subcommittee will convene a public hearing to receive oral testimony related to sub-Saharan African countries' eligibility for AGOA benefits, at USTR's building located at 1724 F Street NW, Washington DC. Please be sure to bring required identification if you wish to attend or participate in the hearing. 
 

July 31, 2025 at 5:00 p.m. EDT: Deadline for submission of post-hearing written comments, briefs, supplementary materials, and written statements related to the public hearing.
 

Further information on the hearing participation and procedures for written submission can be found in the Federal Register.
 

Reference:

 

3) Proposed Changes to the Global Business Identifier Test

CBP is proposing a Paperwork Reduction Act (PRA) pertaining to information required to be transmitted within the Global Business Identifier (GBI) Test. 

 

The updates include:

  1. Flexible Identifier Submission: Trade participants will be allowed to submit one or more of the GBI identifiers (LEI, GLN, or DUNS), rather than all three, easing enrollment requirements.

     

  2. Modifiable Enrollments: Participants will be able to update, add, or delete GBI numbers post-enrollment, promoting data accuracy and flexibility in managing supply chain information.

     

  3. Expanded Party Types: Two new optional party types—Intermediary and Source—will be added, along with optional free-text fields for all party types, to better describe supply chain entities.

     

  4. New Identifier Inclusion: The Altana ID (ALTA) will be introduced as a voluntary GBI, providing enhanced supply chain insights at no government cost. CBP is planning to support more identifiers and seeks public input on others that should be considered.
     

These changes aim to modernize supply chain visibility tools, improve data collection, and support compliance with evolving trade regulations, all while maintaining voluntary participation.
 

Comments are encouraged and must be submitted (no later than July 28, 2025) to be assured of consideration.

 

Reference:

 

4) CBP Deploys Auto-Rejection Enhancement for Insufficient Cargo Descriptions in ACE

U.S. Customs and Border Protection (CBP) has rolled out a new enhancement in the Automated Commercial Environment (ACE) Certification (CERT) system that automatically rejects manifest and entry filings with insufficient cargo descriptions, consignee names, or shipper names.

 

The update affects ACE Manifest filings and ACE Cargo Release entries and is supported by revised implementation guides, including:

  • Air Import Manifest Appendix A
  • Ocean/Rail Import Manifest Appendix D
  • Truck Manifest UNEDIFACT CUSRES SN
  • Truck Manifest ANSI X12 350 Message
     

The enhancement is currently live in the CERT environment and will be deployed to the Production (PROD) environment on July 15, 2025.

 

Reference:

 

5) CBP Issues Withhold Release Order on Seafood Linked to Forced Labor

Under this law, the U.S. prohibits the importation of goods produced wholly or in part by forced labor, including child labor. Importers must provide proof of admissibility to avoid exclusion, seizure, or forfeiture of detained goods. Alternatively, they may request to export the products.

 

This brings CBP’s current enforcement to 52 WROs and 9 Findings under Section 1307.

 

Individuals or organizations suspecting forced labor in imported goods can report tips via CBP’s e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.

 

Reference:

 

6) CBP Webinar on Protection of Intellectual Property Rights at the Border

CBP webinar titled “How CBP Protects Intellectual Property Rights at the Border” will be held on Tuesday, June 3, 2025, at 11:30 am ET. 

 

To register for this free webinar, click the registration link below:

How CBP Protects Intellectual Property Rights at the Border

 

All registrants will receive the access link for the webinar the day before the event, but entry into the webinar is on a first-come, first-served basis as seats are limited. After the live event, this and other previously recorded webinars will be available for replay at Trade Outreach Webinars | U.S. Customs and Border Protection (cbp.gov).

 

This webinar is part of CBP’s Continuing Education Program. The number of credits and credit code will be provided during the webinar.

 

Reference:

 

EVENT: GEODIS 7th Annual Customs & International Trade Day Symposium 

June 5, 2025  |  Union League at Liberty Hill |  Lafayette Hill, PA

 

Join us for a full-day event where you’ll hear from GEODIS and top industry experts, gaining valuable insights to keep you ahead of the curve in the fast-changing world of customs and international trade. 

 

This event has been approved by NCBFAA Educational Institute (NEI) for 8 credits for CES/MES, CCS/MCS, LCB credit types.


Click here to register today!

 

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