10/10/2025
CBP Shutdown Update: Refunds Delayed, Mission-Critical Operations Continue
Check out this week's Customs Corner to read about the CBP shutdown update, BIS seeking public comments, and more.
Trade and Customs Updates
1) CBP Shutdown Update: Refunds Delayed, Mission-Critical Operations Continue
During the government shutdown, CBP has suspended refunds and non-essential functions, continues limited operations with most staff active, and advises importers that approved protest refunds and cargo movement will be processed once normal operations resume, with ongoing updates provided via CSMS messages.
As the U.S. government shutdown continues, U.S. Customs and Border Protection (CBP) has announced several operational changes affecting importers and the trade community.
Refunds and Payments Suspended
CBP is unable to issue any refunds during the shutdown period. This includes payments for drawback claims, protest refunds, and post-summary corrections. The suspension applies to all payment methods, including Automated Clearing House (ACH) and Treasury checks. Refunds will be queued and processed once CBP receives authorization to resume normal operations.
No Importer Action Needed for Approved Protests
Importers whose protests have already been approved are not required to take any further action during the shutdown. Any refunds related to these approved protests will be automatically processed after CBP operations are restored.
Limited CBP Functions Remain Active
CBP continues to process ACH debit applications, although a backlog has developed. The agency is also working on bond sufficiency cases, with some employees reassigned to manage these tasks.
Interest Accrual During Shutdown
Interest will continue to accrue on amounts owed both to and from CBP during the shutdown. If CBP exceeds the 30-day refund window, interest must be paid to importers in accordance with 19 U.S.C. 1505. However, this policy may be reevaluated if the shutdown extends for a prolonged period.
Most CBP Employees Remain on Duty
Unlike previous shutdowns, the majority of CBP staff are not furloughed and continue to report to work. However, their duties are restricted to mission-critical functions, which do not include refund processing.
Cargo Movement and Inspections Ongoing
CBP remains operational for cargo movement, though some functions are limited. Importers with goods under inspection holds should stay in contact with their local ports for the latest updates.
No New Section 232 Tariff Updates
There are currently no new details regarding Section 232 tariffs. CBP will provide any updates or guidance through Cargo Systems Messaging Service (CSMS) communications.
Importers and stakeholders are encouraged to monitor CSMS messages and CBP communications for further developments as the situation evolves.
2) BIS Seeks Public Comment on Additional Section 232 Steel and Aluminum Tariff Inclusions
The Bureau of Industry and Security has opened a two-week comment period, ending October 21, to review 95 new requests for steel and aluminum products to be added as derivatives under Section 232 tariffs, following a first round that saw 407 product subheadings included.
The Bureau of Industry and Security (BIS) has announced the opening of a two-week comment period following the release of new requests to include additional products as derivatives under Section 232 tariffs on steel and aluminum. Stakeholders have until October 21 to submit feedback on each proposed inclusion.
This latest round comes after BIS’s September 17 notice, which launched the second submission window for product inclusion requests. During this period, the agency received 95 new requests. In the initial round that began in May, BIS approved 407 out of 467 requested product subheadings, which were subsequently added to the tariffs that took effect on August 18—approximately three months after the first batch of requests was posted.
Industry participants are encouraged to review the latest requests and provide their comments as BIS considers expanding the scope of the Section 232 tariffs.
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3) CPSC eFiling – Are You Ready for the July 2026 Deadline?
The U.S. Consumer Product Safety Commission (CPSC) will require importers of regulated consumer products to electronically file certificate data at the time of entry starting July 8, 2026. Companies that import subject products and have not yet begun preparing should act now to avoid clearance delays and compliance risks.
CPSC’s eFiling initiative is a major regulatory shift that will require importers of consumer products subject to mandatory safety standards to electronically submit data elements from Certificates of Compliance—either a Children’s Product Certificate (CPC) or a General Certificate of Conformity (GCC)—at the time of entry into the U.S. via U.S. Customs and Border Protection’s Automated Commercial Environment (ACE) system using the Partner Government Agency (PGA) Message Set.
The mandatory compliance date is July 8, 2026, for most regulated consumer products. For products entering the U.S. from Foreign Trade Zones (FTZs), the requirement takes effect on January 8, 2027.
If your company imports products that fall under CPSC jurisdiction and you have not yet developed a plan to comply, now is the time to act. Key steps include:
- Identifying in-scope products that require CPC or GCC certification.
- Understanding the data elements required for eFiling, such as product identification, certifying party, applicable safety rules, manufacturing and testing details, and contact information for test record maintenance.
- Engaging internal stakeholders (compliance, IT, logistics) and external partners (customs brokers, testing labs, software providers) to align on data readiness and transmission methods.
- Registering for the CPSC Product Registry and participating in the voluntary stage, which is currently open but capped at 2,000 participants.
Early preparation will help ensure a smooth transition, reduce the risk of shipment holds, and position your company for continued compliance under the new framework.
4) CBP Issues Guidance on New Fees for China-Related and Foreign-Built Vehicle Carrier Vessels
U.S. Customs and Border Protection has announced that, effective October 14, new fees will apply to vessels owned, operated, or built in China, as well as all foreign-built vehicle carrier vessels, with operators responsible for determining applicability under updated Section 301 rules.
On October 3, U.S. Customs and Border Protection (CBP) released key requirements for new fees affecting vessels owned, operated, or built in China, as well as all foreign-built vehicle carrier vessels, with implementation set for October 14.
CBP clarified that vessel operators, not the agency, are responsible for determining whether a vessel is subject to these fees. The new charges are established under the Federal Register originally published on April 17, 2025, and modified on June 12, 2025. The relevant details are outlined in Annexes I, II, and III of the notice.
Industry stakeholders with questions about the new requirements are encouraged to contact CBP at [email protected].
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5) D.C. Court vacates USDA ruling approving Systems Approach authorization for Chilean table grape imports.
A federal court in the District of Columbia vacated the USDA’s recent decision which permitted Chilean table grape imports to enter the US under the Systems Approach.
The court ruling effectively reverses the USDA program that would have exempted Chilean table grapes from being fumigated with methyl bromide for pest mitigation as a condition of entry into the USA. This ruling has the potential to affect the upcoming Chilean table grape season for imports that start in December. Industry representatives and attorneys in the United States and Chile as well as USDA APHIS are working to determine and understand the full scope of the court ruling.
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