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10/09/2026

Trade Court Certifies Class in IEEPA Tariff Refund Litigation

Check out this week's Customs Corner to read about Trade Court Certifies Class in IEEPA Tariff Refund Litigation, and more!

Trade and Customs Updates

Trade Court Certifies Class in IEEPA Tariff Refund Litigation

Court of International Trade Judge Richard Eaton has approved class certification for importers seeking refunds of duties imposed under the International Emergency Economic Powers Act (IEEPA), allowing the lead refund case to move forward as a class action. 

 

In an October 8, 2026, opinion, Eaton certified the class under Rule 23(b)(2) and named attorneys from Barnes Richardson and Lieff Cabraser as class counsel. 

 

The certified class includes: 

 

“All importers of record who paid duties imposed by the Challenged Tariff Orders between February 1, 2025, and February 19, 2026, excluding any entity that has separately filed an action seeking to recover IEEPA duties payments.” 

 

Freestyle World requested class certification in June. Eaton’s decision followed two oral arguments on certification—one in the V.O.S. Selections case and another in the Freestyle World case. 

 

The judge dismissed the government’s contention that Freestyle World’s request was untimely and found that the proposed injunctive relief would deliver “class-wide, final relief.” 

 

The decision permits the case to proceed on behalf of the certified class, while excluding importers that have filed separate actions to recover IEEPA duty payments. 

 

Reference: 

26-123.pdf 

CBP Proposes Electronic Filing and New Mail Entry Requirements for Low-Value Imports 

CBP has published a proposed rule in the Federal Register that would revise informal entry requirements for goods valued at $2,500 or less, require electronic filing, and introduce a new entry type for merchandise arriving through the mail. 

 

Under the proposal, informal entries would have to be filed electronically before or on the date of importation. CBP also would establish entry type 13, a new electronic informal entry category for mail shipments. 

 

Additional changes would include new data and bonding requirements for certain informal entries, along with an additional carrier data element for mail shipments. 

 

CBP said the proposed changes are intended to protect customs revenue and strengthen its ability to identify violations of customs and trade laws, health and safety requirements, intellectual property rights, and consumer protection rules. 

 

The proposal also aims to improve detection and prevention of illicit drug imports, including fentanyl, synthetic drug precursors, related chemicals, and manufacturing equipment. 

 

According to CBP, some of these challenges have long existed in the informal entry environment. However, shipments formerly eligible for the de minimis exemption and its associated entry procedures are now likely to use informal entry procedures, increasing the need to address risks across the low-value shipment environment. 

 

Interested parties may submit written data, views, or arguments on any aspect of the proposal. CBP also is seeking feedback on potential economic, environmental, and federalism effects. 

 

Comments must be received on or before December 7, 2026. The changes remain proposals and are not final requirements. 

 

More information can be found in the Federal Register. 

 

Reference: 

Federal Register :: Low-Value Shipments 

USTR Keeps China Tariff Actions in Effect Following Industry Requests

The USTR announced that the Section 301 trade actions originally implemented on July 6 and August 23, 2018, will remain in effect after domestic industry representatives requested their continuation. 

 

The actions stem from USTR’s investigation into China’s acts, policies, and practices involving technology transfer, intellectual property, and innovation. Their continuation does not rule out further changes, including modifications resulting from the ongoing statutory review. 

 

On a May 6, 2026, notice, USTR launched the first step of its second statutory four-year review. The notice informed representatives of domestic industries benefiting from the actions of their potential termination and provided an opportunity to request that they remain in place. 

 

USTR received the following continuation requests:  

Industry representatives maintained that China’s unfair policies and practices persist and that the trade actions continue to benefit U.S. businesses. 

 

They said the measures help counter unfair competition, encourage China to change the policies underlying the actions, and improve domestic producers’ ability to compete with Chinese imports. Representatives also credited the actions with supporting investment in new technologies, expanding U.S. production, and encouraging the reshoring of vital industries. 

 

USTR determined that the timely continuation requests met the requirements of Section 307(c)(1)(B) of the Trade Act. 

As a result, the July 6 and August 23 actions, as modified, did not terminate on their respective 2026 review dates and will remain in effect, subject to possible further modifications. 

 

Reference: 

Federal Register :: Continuation of Actions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation 

CPSC Updates Guidance on HTS Codes Flagged for eFiling

The Consumer Product Safety Commission (CPSC) has released updated guidance identifying approximately 600 HTS codes flagged in ACE since July 8, 2026. 

 

The codes cover products likely to be subject to CPSC’s eFiling requirement or otherwise considered high risk. The updated list is now organized by the flag assigned to each code, helping importers distinguish between categories that may require certificate data and those that require it for covered products. 

 

Reference: 

CPSCGuidanceHTSListforFilingElectronicCertificates10012026.xlsx 

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