12/12/2025

U.S. Trade Representative Announces New Tariffs on Nicaraguan Imports Not Covered by CAFTA-DR

Check out this week's Customs Corner to read about new phased tariffs on Nicaraguan imports, Section 232 metal content assessment guidance, and more.

Trade and Customs Updates

1) U.S. Trade Representative Announces New Tariffs on Nicaraguan Imports Not Covered by CAFTA-DR

 

The Office of the United States Trade Representative (USTR) has announced the phased introduction of tariffs on imports from Nicaragua that are not eligible under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). This decision follows a determination that certain Nicaraguan acts, policies, and practices unreasonably burden or restrict U.S. commerce, as outlined in the findings of an investigation under Section 301 of the Trade Act.

 

The newly imposed tariffs will be phased in over two years: starting at zero percent on January 1, 2026, increasing to 10 percent on January 1, 2027, and rising to 15 percent on January 1, 2028. The tariffs will apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after the respective dates.

 

This action was determined after careful review of public comments, consultation with relevant advisory committees, and coordination with government agencies. USTR noted that these measures are authorized under Section 301 of the Trade Act, which empowers the agency to impose duties or other import restrictions in response to unfair trade practices. A subsequent notice will be issued by USTR to implement these tariffs, pursuant to the requirements of the Trade Act.

 

Reference:

 

2) Section 232 Metal Content Assessment -- Informal Feedback from CBP

U.S. Customs and Border Protection (CBP) has not published updated guidance for calculating the metal content value for articles and derivatives subject to Section 232 for steel, aluminum and copper. However, recent informal feedback outlines the following considerations:

 

First ensure the Section 232 content value is accurate---

 

Regarding Section 232 "content value", if you have an article that legitimately has non-steel/aluminum/copper content to separate, the CBP position shifted, but no formal guidance has been posted:

  • Steel articles of chapter 72 are 100% steel. Section 232 duty is assessed on the full entered value of the article. There is no backing out of any costs not allowed by the Customs Value laws. Manufacturing, labor, coating, etc. costs are not subtracted. [This position has remained constant.]
  • For steel articles of chapter 73, aluminum articles of chapter 76, and articles classified elsewhere (not including chapter 72):
    • if the articles are 100% steel or 100% aluminum, there is no non-steel/aluminum content to separate and Section 232 duty is assessed on the full entered value of the article. There is no backing out of any costs not allowed by the Customs Value laws. Manufacturing, labor, coating, etc. costs are not subtracted. [This position has remained constant.]
    • If the articles are not wholly of steel or aluminum (think, parts/components), the Section 232 duty is assessed on the steel/aluminum content of the article.
      • HQ has said this would be based on "the invoice paid by the buyer of the steel/aluminum content to, or for the benefit of the seller of the steel/aluminum content". The current position is this is what the importer paid for the steel/aluminum content of the finished article and is the entered value of the imported article minus the cost of the non-steel part/component of the finished article. Non-steel content does not refer to fabrication, machining, labor, costs, etc.
      • If allowed to separate out steel/aluminum and non-steel/aluminum content value, separate out the cost to the importer of the non-steel/aluminum part/component. There is no backing out of any costs not allowed by the Customs Value laws. Costs for manufacturing, labor, coating, etc., are not subtracted.
  • If the value of the steel/aluminum content cannot be determined, then report the duty based on the total entered value, on only one entry summary line.
  • Surface treatments like galvanizing are integral to the finished steel product, not a separate component or part. The cost cannot be deducted.
  • As far as documentation goes for separating out steel/aluminum content value from non-steel/aluminum value, I would say, "documentation sufficient to support the importer's claimed steel/aluminum content value", if CBP asks.
  • My current understanding is we are treating copper and its alloys the same and not breaking down the chemistry of the imported articles. Until HQ indicates otherwise---and they haven't---copper articles and copper alloy articles are treated the same.

 

It's pretty simple, except the importer may have to ask the manufacturer/seller a couple more questions than in the past. Take a window for example---

  • What did the importer of record pay for the finished windows?
  • If the windows have non-steel components/parts like glass, what was the cost of that to the importer?
  • Minus the cost to the importer of the non-steel parts from the total window cost to the importer and that equals the Section 232 steel content value.

 

So if---

  • The importer paid $100 for the window.
  • $20 of the cost is attributable to glass or other component/parts.
  • The entered value of the window is $100. It may be separated into two lines. A non-steel content line of $20 and a steel content line of $80.

 

Continue to monitor the CSMS messages, Trade Remedy FAQs, and CBP rulings posted on cbp.gov.

 

 

Importers should review their current valuation and breakout practices considering this feedback and ensure documentation supports any claimed metal content values. Continue monitoring CSMS messages, Trade Remedy FAQs, and CBP rulings for official updates. GEODIS will continue to provide updates as additional details are issued.

 

3) U.S. to Ban Imports of Certain Fish Products from Non-Compliant Nations Starting January 2026

The National Marine Fisheries Service (NMFS) has announced new import restrictions set to take effect on January 1, 2026, under the Marine Mammal Protection Act (MMPA). The new rules will prohibit the importation of specific fish and fish products from countries whose fisheries have failed to meet U.S. standards for marine mammal protection.

 

According to the NMFS, any fish products originating from these non-compliant nations and classified under designated Harmonized Tariff Schedule (HTS) codes will be denied entry into the United States unless accompanied by a signed Certification of Admissibility (COA). Without this certification, such shipments will be considered inadmissible.

 

To help industry stakeholders understand and prepare for these changes, the NMFS will hold two public webinars this December. The sessions will offer an overview of the MMPA import provisions and provide detailed technical guidance on the new COA requirements.

 

Webinar 1 -- Tuesday, December 16, 2025, at 8:00 a.m. EST

 

Webinar 2 -- Tuesday, December 16, 2025, at 4:00 p.m. EST

 

For more information and to register for the webinars, industry representatives are encouraged to visit the NMFS website.

 

Reference:

CSMS # 67055632 - NMFS Update: Implementation of Seafood Import Prohibitions under the Marine Mammal Protection Act Import Provisions; Certification of Admissibility for Designated Fish and Fish Products; Announcement of Upcoming Webinars

 

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