EAPA Due‑Process Ruling, Tariffs Entrench, and ACE Delays: Your 2026 Compliance Briefing
NEWSLETTER | Trade Insight AI
CIT Overturns CBP EAPA Timing Rules, Strengthens Importer Due Process
STR Trade Report • December 12, 2025
The U.S. Court of International Trade invalidated CBP regulations that delayed the statutory 15-day initiation clock for EAPA investigations and allowed late notice to parties, finding them inconsistent with the statute and due-process requirements. The court held the 15-day period starts when an evasion allegation is submitted and importers must have notice and a meaningful opportunity to be heard before interim duty measures. While it declined to vacate the proceeding, the court ordered CBP to rescind enforcement measures on entries after the date the investigation should have begun, signaling likely procedural revisions and new grounds to challenge ongoing cases. Editor’s note: The requested Trade Insight AI article was not included in the provided feed; this ruling was selected as the most impactful alternative for trade compliance teams.
Tariff Landscape and Policy Direction
Tariffs to Endure as USMCA Review Looms and Indonesia Deal Wobbles
STR Trade Report •December 11, 2025
Policy signals point to a more durable tariff regime, with plans to sustain Sections 301, 232 and 122 authorities, even as U.S.–China tensions ease via an extended tariff truce and partial rollback of export controls (with soybean purchases, TikTok and rare earths licenses still pending). North American certainty is in play as a potential USMCA exit is floated ahead of the July review, while a prospective U.S.–Indonesia accord is at risk over backsliding on non‑tariff and digital trade commitments. On compliance, Mexico has postponed mandatory electronic value declarations until March 31, 2026.
De Minimis Pause, Tariff Escalation, and Forced Labor Push Define 2025
STR Trade Report •December 12, 2025
A wave of 2025 actions will shape 2026 planning: suspension of the de minimis exception on Aug. 29, a 50% tariff on copper effective Aug. 1, an announced additional 25% tariff on India tied to Russian oil purchases, and Section 232 tariffs expanded to hundreds of steel and aluminum derivatives. CBP revised MID replacement and in‑transit filing rules, forced‑labor enforcement added five priority sectors, and the next HTSUS update is anticipated in 2028, while trade data signal possible Chinese transshipment. Importers should re‑model duty exposure, tighten UFLPA due diligence, and update filing processes ahead of these shifts.
Congress Moves on AGOA Renewal, Tougher Trade Enforcement and Chip Controls
STR Trade Report •December 12, 2025
Capitol Hill saw a flurry of trade activity: a House panel advanced three-year reinstatements of AGOA and Haiti HOPE/HELP without reforms, while two House Democrats urged President Trump to reconsider tariffs on Japan amid Chinese coercion of Tokyo. New bills would let CBP self-initiate EAPA evasion probes, expand BIS authority tied to adversary entities, bar CHIPS-funded projects from buying adversary-made fab tools, and mandate at least a 30-month denial of advanced chip exports to China, Russia, Iran, North Korea and related jurisdictions. Additional measures target cargo theft via a TSA tech pilot, ban federal procurement of China-made solar panels, and establish navigation safety corridors—implications span sourcing, export licensing, compliance, and logistics risk.
Greer touts trade strategy aiming for investment, factory construction gains
USTR Press Releases •December 10, 2025
In a fireside chat at the Atlantic Council with WSJ’s Greg Ip, Ambassador Jamieson Greer outlined President Trump’s outcome‑driven trade program, framing tariffs and agreements as tools to strengthen U.S. economic security and resilience. He emphasized that the objective is to catalyze domestic investment and manufacturing, noting strong increases in capital goods and new factory construction. For trade professionals, the remarks signal continued use of trade levers to encourage onshoring and supply‑chain hardening, with implications for sourcing and tariff exposure.
Market Access and Country Actions
USTR Launches Section 301 Action Targeting Nicaragua Over Labor, Human Rights
USTR Press Releases •December 10, 2025
USTR has initiated a Section 301 action addressing Nicaragua’s acts, policies, and practices tied to labor rights, human rights, and the rule of law. Section 301 actions can lead to tariffs or other trade restrictions following a notice-and-comment process; importers sourcing from Nicaragua—particularly apparel and footwear using CAFTA-DR preferences—should assess exposure and contingency plans. Watch for the Federal Register notice outlining scope, potential product coverage, and key deadlines that will determine operational impact.
U.S. to add 10–15% Section 301 tariffs on non-CAFTA Nicaraguan imports
STR Trade Report •December 12, 2025
USTR will impose an additional Section 301 tariff on Nicaraguan goods that do not qualify under CAFTA‑DR—0% in 2026, rising to 10% on Jan. 1, 2027 and 15% on Jan. 1, 2028—with potential adjustments if Nicaragua fails to show progress on labor and human-rights concerns. The surcharge will stack with MFN duties and the existing 18% “reciprocal” IEEPA tariff where applicable, and is narrower than options previously floated (e.g., suspending CAFTA‑DR benefits or tariffs up to 100%) to limit disruption for U.S. firms. Importers should assess CAFTA‑DR origin qualification and model landed-cost impacts ahead of 2027.
WTO-Led Nairobi Summit Backs ePing Expansion, Standards Convergence in Africa
WTO Latest News •December 9, 2025
A two-day WTO-led forum in Nairobi convened 100 regional stakeholders to spotlight how SPS/TBT standards and technical regulations increasingly determine agribusiness market access, with DG Okonjo‑Iweala noting non-tariff measures often outweigh tariffs. The meeting launched an STDF-funded project to expand use of the ePing SPS & TBT Platform in Kenya, Namibia, South Africa, Tanzania and Uganda, pairing tech upgrades with capacity building so users can track and respond to regulatory changes—advancing MC13 commitments. Participants emphasized aligning standards under the AfCFTA and equipping SMEs with tools like the Global Trade Helpdesk and Standards Map to sustain export growth across horticulture, coffee, tea, livestock and fisheries.
Digital Trade and Systems
CBP Pushes ACE Enhancements Into 2026, Delays Digital Payments
STR Trade Report •December 11, 2025
CBP has revised the ACE rollout, pushing multiple upgrades into 2026 and pausing others, including a decentralized-identifier interoperability pilot. Notable moves: the secure pay.gov payment option is postponed indefinitely; de minimis (Type 86) and sanctions targeting data remain on hold; GBI enrollment and field-length enhancements shift to March; multi-HTSUS estimated duty calculations are now slated for March 2026; and in-bond, export manifest, and air/rail/ocean manifest modernizations are scheduled for April–October 2026. Near-term items include importer portal account automation on Oct. 31 and an accelerated Dec. 16 release for permissions to manage refund-related ACH details, while detention-record integration and an ocean-cargo seal-change feed remain planned for February 2026.
WTO-ICC survey: AI aids customs, exports; privacy rules add cost
WTO Latest News •December 10, 2025
The WTO and ICC released the first business survey on AI in trade, covering 158 firms and revealing wide adoption gaps by size and income (66% in high‑income vs 27% in low/lower‑middle economies). Nearly 90% of adopters report trade gains—efficiency, better decisions, broader export and product ranges—with heavy use in customs and compliance (75% customs applications; 20% risk detection). Regulatory fragmentation, especially divergent data privacy rules, is a leading barrier, with 64% expecting at least a 5% compliance cost impact—flagging a need for interoperable data regimes and MSME capacity-building.
US$50m WEIDE Fund selects 34 Dominican women-led businesses to boost digital exports
WTO Latest News •December 8, 2025
The WTO/ITC’s US$50 million WEIDE Fund selected 34 women-led MSMEs in the Dominican Republic from 200+ applicants to receive year-long, tailored support to strengthen digital capabilities, financial readiness, and export competitiveness. Implemented with ProDominicana alongside partners in Jordan, Mongolia and Nigeria, the program seeks to leverage the country’s nearly $2 billion in 2024 digital services exports while closing participation gaps for women in global digital trade.
Enforcement and Compliance Pressure
CBP Enforcement Escalates: Fewer Audits, Bigger Penalties and Liquidated Damages
STR Trade Report •December 12, 2025
CBP reports fewer audits in FY2025 (348, down from 417), but much tougher outcomes: audit collections jumped 68% to $197.8 million, liquidated damages more than doubled to 46,835, and revenue from penalties/liquidated damages rose 44% to $37.9 million. The shift toward intensified enforcement—through audits and risk analysis and survey assessments (RASAs)—raises compliance risk for importers, underscoring the need for proactive internal reviews and risk assessments, timely prior disclosures, and early engagement of experts to scope requests and pre-review submissions.
Oil trader gets 15 months, $300k fine in FCPA case
STR Trade Report •December 11, 2025
DOJ sentenced a former senior oil and gas trader to 15 months in prison and a $300,000 fine for an eight-year scheme that paid over $1 million in bribes to officials at a state-owned company to obtain competitor bids and confidential U.S. pricing data, securing contracts for two employers. The conspirators used coded language, personal email, encrypted apps, and burner phones to hide the payments; the case highlights DOJ’s updated FCPA focus on prosecuting individuals, signaling heightened compliance expectations for traders and energy firms.
FMC Revokes 20 OTI Licenses for Surrender or Bond Lapses
STR Trade Report •December 12, 2025
The Federal Maritime Commission has revoked 20 ocean transportation intermediary licenses covering both NVOCCs and ocean freight forwarders. Revocations occur when a license is voluntarily surrendered or required bonds lapse; shippers and logistics providers should verify counterparties in the FMC OTI database and avoid tendering cargo to the named entities until licensing and bonding are reinstated.
U.S. to add 10–15% Section 301 tariffs on non-CAFTA Nicaraguan imports
STR Trade Report •December 12, 2025
USTR will impose an additional Section 301 tariff on Nicaraguan goods that do not qualify under CAFTA‑DR—0% in 2026, rising to 10% on Jan. 1, 2027 and 15% on Jan. 1, 2028—with potential adjustments if Nicaragua fails to show progress on labor and human-rights concerns. The surcharge will stack with MFN duties and the existing 18% “reciprocal” IEEPA tariff where applicable, and is narrower than options previously floated (e.g., suspending CAFTA‑DR benefits or tariffs up to 100%) to limit disruption for U.S. firms. Importers should assess CAFTA‑DR origin qualification and model landed-cost impacts ahead of 2027.
Multilateral Agenda Watch (Toward MC14)
WTO revives agriculture talks; new texts target market access, cotton, food security
WTO Latest News •December 7, 2025
On 8 December, WTO members filed seven agriculture proposals to shape outcomes for MC14 in March 2026 in Yaounde, the first new texts since the last ministerial ended without a food and agriculture deal. Submissions span market access (Argentina, Brazil, Paraguay, Uruguay), cotton (C-4+: Benin, Burkina Faso, Chad, Mali plus Cote d'Ivoire), broader negotiating frameworks (African Group, Brazil), and trade–food security drafts from Jamaica and the LDCs; parallel discussions covered public stockholding and a special safeguard mechanism. Officials cautioned that consensus across all pillars is unlikely, signaling a narrower MC14 outcome focused on food security instruments and cotton, with the chair briefing the TNC on 12 December ahead of the 16–17 December General Council.
TESSD readies MC14 sustainability package, outlines post‑ministerial priorities
WTO Latest News •December 7, 2025
WTO members in the TESSD reviewed the MC14 package—an overarching document and four workstream outputs on climate policy mapping, circular economy practices, subsidy design elements, and environmental goods/services—drawing broad support and targeted refinements. Facilitated respectively by Switzerland; Japan and Türkiye; Israel and the Republic of Korea; and the United Kingdom and the Philippines, the documents aim at both members and external audiences and are slated for finalization at the end‑of‑January plenary. For trade professionals, this signals a practical roadmap that could strengthen transparency and inform future disciplines affecting climate‑related measures and market access for environmental goods and services after MC14.
WTO members chart post-MC14 reform plan after constructive Reform Week
WTO Latest News •December 7, 2025
WTO members concluded Reform Week (Dec 2-5) with constructive exchanges that narrowed options on decision-making, development/S&DT, and level-playing-field issues, moving from general principles to concrete approaches amid frustration with consensus gridlock and stalled dispute-settlement enforcement. Facilitator Amb. Petter Ølberg will circulate a report before the Dec 16-17 General Council to frame January work and secure ministerial guidance at MC14 in March 2026, including a balanced post-MC14 reform plan and modalities.
WTO Fisheries Subsidies Committee Launches; Lizano Elected First Chair
WTO Latest News •December 8, 2025
The WTO’s Committee on Fisheries Subsidies held its inaugural meeting on 9 December, confirming Ana Laura Lizano of Costa Rica as its first chair to oversee implementation of the Agreement that entered into force on 15 September. The committee will scrutinize members’ subsidy notifications, centralize information to boost transparency, meet at least twice a year, and conduct annual and five-year reviews, reporting to the Council for Trade in Goods. Developing and least-developed members can seek implementation support via the WTO Fish Fund—signaling tighter compliance expectations and potential policy adjustments for fisheries and seafood supply chains.
Courts, Rules and Filings
USCIT Revises Rule 74 and Key Forms, Effective January 2026
CIT News •December 11, 2025
The U.S. Court of International Trade approved amendments to Rule 74, Form 10, Form 13, and the specific instructions to Form 13 on December 9, 2024, with an effective date of January 5, 2026. Redline versions are posted on the Court’s website; practitioners should review and update templates and filing protocols ahead of the effective date and confirm timing of updates with print publishers.
CIT e-Filing Alert: Pay.gov, CM/ECF Maintenance on Dec. 13
CIT News •December 8, 2025
Pay.gov will undergo maintenance on Saturday, December 13, 2025, from 6–10 pm ET, during which documents requiring payment cannot be filed in CM/ECF. CM/ECF will also have maintenance from 8 pm to midnight ET, with intermittent access expected. Practitioners should plan filings and fee payments outside these windows to avoid deadline risks.
Dec. 14 PACER Maintenance May Disrupt CIT E-Filing, Pay.gov Access
CIT News •December 10, 2025
PACER will undergo maintenance on Sunday, December 14, 2025, from 6:55 a.m. to 7:00 p.m. ET. Users may experience intermittent issues accessing CM/ECF and completing payments via Pay.gov, potentially affecting e-filings and fee payments at the Court of International Trade. Plan filings and payments around this window to avoid deadline risks.
