Tariff update: New trade developments affecting importers

IEEPA refunds are moving forward. Following recent court decisions, U.S. Customs and Border Protection (CBP) is developing procedures to refund tariffs collected under the International Emergency Economic Powers Act (IEEPA). A July 15 Court of International Trade order allows the government to reliquidate certain finally liquidated entries for plaintiffs with pending lawsuits — including entries liquidated more than 90 days ago. More than 3,700 importers have filed refund cases, and submissions through CBP’s CAPE declaration process are expected to follow.

New Section 301 forced-labor tariffs took effect July 24, 2026. After investigating 60 trading partners, the U.S. Trade Representative finalized tariffs generally set at 10% or 12.5%, depending on a country’s forced-labor import rules and enforcement, with country- and product-specific “gap to” calculations for others (the duty equals the amount needed to reach the stated rate). Many products are excluded, including goods already subject to Section 232, Chapter 98 claims, and USMCA-qualifying goods. Legal challenges are ongoing.

Section 338 duties target certain Canadian imports, and Canada responds. Following a brief suspension, the United States imposed an additional 50% duty on certain Canadian-origin products, effective Aug. 22, 2026. The duties can apply regardless of USMCA eligibility, and they may compound with existing trade remedies. Canada has since announced retaliatory tariffs, ranging from 15% to 50%, on selected U.S. goods scheduled to take effect Sept. 8, 2026, which introduces new considerations for businesses with cross-border supply chains.

HTS classification updates apply as of July 1, 2026. The U.S. International Trade Commission revised certain 10-digit statistical reporting numbers. The updates don’t change underlying tariff rates, but using an outdated number after the effective date can cause entry errors, delays, or the need to correct filings.

Recommended actions

You don’t need to act on everything at once. Start with the areas most relevant to your imports:

• Review affected entries and classifications. Check whether IEEPA refund litigation touches your entries, and validate HTS and Schedule B codes against the July 1 updates.
• Confirm your systems and records are ready. Verify ACE account details, ACH setup, and that brokers and ERP systems reflect current reporting numbers so refunds and filings process cleanly.
• Reassess sourcing and supplier due diligence. Evaluate forced-labor compliance controls and supply chain traceability as the Section 301 framework takes hold.
• Look beyond USMCA on Canadian imports. Conduct product-level reviews for Section 338 exposure — qualification alone won’t eliminate it — and revisit contracts and pricing assumptions.
• Coordinate with your advisors. Work with customs brokers, legal counsel, and trade advisors to preserve protest rights and monitor developments as they evolve.

The bottom line

Each of these developments affects different products and supply chains, but they share one theme: the practical impact depends on the details. As trade rules become more specific, understanding how your individual products, transactions, and compliance obligations fit within them matters just as much as tracking the policy changes themselves.

Tariffs and trade remedies are becoming increasingly durable aspects of the import environment. Organizations may benefit from working with a trusted advisor to evaluate exposure at the product, transaction, and process level and incorporate trade considerations into broader business planning.