Policy Updates

U.S. and Virginia Trade Policy Updates

January 16, 2026

Over the past quarter, the Trump administration announced a wide-ranging set of trade and tariff actions that could impact Virginia companies. The U.S. eliminated “reciprocal” tariffs on a broad range of agricultural products not produced in sufficient quantities domestically, as well as additional tariffs that had been placed on Brazil. New or revised trade frameworks or deals were announced with Switzerland, Lichtenstein, China, Japan, Korea, Malaysia, Cambodia, Thailand, Vietnam, Guatemala, El Salvador, Ecuador, and Argentina. In addition, the U.S. lifted an embargo on defence trade with Cambodia, explored expanding trade with Central Asia, and increased tariffs on Nicaragua. 

U.S. Removes Reciprocal Tariffs on Food Products

The Trump administration has removed its “reciprocal” tariffs on various food items imported from all countries. Effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. EDT on Nov. 13, the U.S. has removed the reciprocal tariffs imposed under the International Emergency Economic Powers Act on a number of agricultural products not grown or produced in sufficient quantities in the U.S.

Through September of 2025, Virginia imported $638.7 million in agricultural products from all over the World. The sudden decrease in tariffs for the affected products will make it easier to import these goods into Virginia. For more information, click here.

 

U.S. Rolls Back Higher Tariffs on Agricultural Imports from Brazil

President Trump issued Nov. 20 an executive order terminating an additional 40 percent tariff on imports of certain agricultural products from Brazil. This change affects more than 200 HTSUS numbers specified in Annex II of the EO linked above and is retroactive for such goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. EST on Nov. 13, 2025. The additional tariff remains in place for imports of other goods from Brazil not otherwise excluded (click here for more details).

Earlier this month the U.S. removed its “reciprocal” tariffs on virtually the same items imported from all countries, including Brazil, because they are not grown or produced in sufficient quantities in the U.S. However, that action did not impact the additional 40 percent tariff on imports from Brazil because it had been imposed separately for different reasons.

Although tariffs on goods from Brazil remain high, these actions should make it easier to import goods from Brazil. So far in 2025, Virginia companies imported $364 million in goods from Brazil. For more information, click here.

U.S. Announces Trade Frameworks with Four Central and South American Countries

The U.S. negotiated trade framework agreements with Guatemala, El Salvador, Ecuador, and Argentina aimed at expanding market access, reducing tariff barriers, and strengthening bilateral commercial ties, particularly in agriculture and industrial goods. While specific tariff schedules are still being finalized, the agreements are aimed at lowering or eliminating tariffs on select U.S. exports, improve conditions for U.S. agricultural and food products, and provide greater certainty for cross-border trade and investment. 

  • For the Joint Statement on the U.S.-Guatemala Framework, click here.
  • For the Joint Statement on the U.S.-Ecuador Framework, click here.
  • For the Joint Statement on the U.S.-El Salvador Framework, click here.

For the Joint Statement on the U.S.-Argentina Framework, click here

U.S. Announces Trade Agreements with Four Southeast Asian Countries

The U.S. announced Oct. 26 trade agreements with Malaysia and Cambodia as well as frameworks for trade agreements with Thailand and Vietnam. The White House said that in the coming weeks it will (1) “undertake domestic formalities” so that the agreements with Malaysia and Cambodia can take effect and (2) negotiate and finalize the agreements with Cambodia and Vietnam and prepare them for signature.

For tariffs, the U.S. will maintain existing “reciprocal” tariffs on originating goods of Malaysia, Cambodia, and Thailand (19 percent) and Vietnam (20 percent) but will eliminate such tariffs on a specified list of products (details not yet available). Malaysia has committed to provide “significant preferential market access” for U.S. industrial goods exports, including chemicals, machinery and electrical equipment, metals, and passenger vehicles, and for U.S. agricultural exports including dairy, horticultural products, poultry, processed products, beverages, pork, rice, and fuel ethanol. Cambodia committed to eliminate tariffs on 100 percent of U.S. industrial goods and U.S. food and agricultural products and has already implemented this commitment. Thailand pledged to eliminate tariff barriers on approximately 99 percent of goods, covering a full range of U.S. industrial and food and agricultural products. Vietnam will remove tariffs on almost all U.S. goods, including food and agricultural products.

Through the first nine months of 2025, Virginia companies exported nearly $400 million in goods to these four countries. When these agreements are finalized, exporters may see increased access in these markets. For more information, click here.

U.S. to Pursue Expanded Trade Ties with Five Central Asian Countries

Following a recent meeting in Washington, D.C., the U.S. and the Central Asian countries of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan announced their intent to increase economic engagement. Successive U.S. administrations have pursued closer trade ties with these countries at various times in recent years to counter influences from Russia and China.

Some of these measures include improving ease of doing business and encouraging trade and investment through the implementation of regulatory reforms and continuing to strive toward harmonized, transparent customs regimes. In related news, legislation has been introduced in both the House and Senate that would repeal the Jackson-Vanik trade restrictions and thus allow for permanent normal trade relations status (i.e., column 1 import duty rates) for these five countries. 

These actions may make it easier for Virginia companies to do business in Central Asia. For more information, click here.

Tariff Adjustments on Imports from Switzerland and Liechtenstein Retroactive to Nov. 15

The Department of Commerce issued a notice amending the Harmonized Tariff Schedule of the U.S. to implement the tariff changes the U.S. agreed to as part of a trade framework agreement with Switzerland and Liechtenstein.

These amendments include (1) applying the higher of the U.S.’ most-favored-nation tariff rate or 15 percent (comprised of the MFN tariff and a “reciprocal” tariff) on originating goods of Switzerland and Liechtenstein, and (2) adjusting tariffs on certain articles that are products of Switzerland or Liechtenstein, including certain agricultural goods, unavailable natural resources, aircraft and aircraft parts, and generic pharmaceuticals and their ingredients and chemical precursors (see the annex to this notice for full details). These changes are effective with respect to goods entered into or withdrawn from warehouse for consumption on or after 12:01 a.m. EST on Nov. 14, 2025. 

Although neither country is a primary exporter to the United States, Virginia imported $243 million from Switzerland through the first three quarters of 2025. For more information, click here.

U.S.-China Deal Update

The Trump administration officially implemented its commitments made under a trade agreement recently reached with China. These include: 

  • Reducing the IEEPA Fentanyl tariff from 20 percent to 10 percent, effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. EST on Nov. 10, 2025 (Federal Register Notice).
  • Maintaining the 10 percent Reciprocal Tariff rate until 12:01 a.m. EST on Nov. 10, 2026 (Federal Register Notice). This tariff had been scheduled to increase to 34 percent as of Nov. 10, 2025.
  • Suspending until Nov. 9, 2026, the implementation of an interim final rule expanding export restrictions to many subsidiaries of entities on two federal lists (Federal Register Notice)
  • Suspending through 11:59 p.m. EST on Nov. 9, 2026 (1) the fees imposed on Chinese-owned or -operated vessels and Chinese-built vessels, which had been in effect since Oct. 14, and (2) the imposition of 100 percent tariffs on imports of certain ship-to-shore cranes and cargo handling equipment from China, which had been set to take effect Nov. 9 (Federal Register Notice).
  • Extending the exclusion of 178 products from Section 301 tariffs through Nov. 9, 2026 (Federal Register Notice). Products that continue to be excluded from these tariffs include (1) those listed in Annex C to this notice and (2) the solar manufacturing equipment listed in Annex B to this notice.

China remains the largest exporter of goods to Viriginia businesses, despite the volatile tariff war between the two countries. For more information, click here or here.

U.S. Plans Additional Tariffs on Semiconductors from China

The Office of the U.S. Trade Representative has determined that China’s acts, policies, and practices related to targeting of the semiconductor industry for dominance are unreasonable and burden or restrict U.S. commerce and are therefore actionable under Section 301 of the Trade Act of 1974. The investigation was initiated in December 2024 by the Biden Administration.

Accordingly, USTR determined that appropriate responsive action includes imposing an additional tariff on imports of semiconductors from China (see chart in this notice for list of affected HTSUS subheadings). This tariff will be set at zero as of Dec. 23, 2025, and will increase on June 23, 2027, to a rate to be announced not fewer than 30 days prior to that date. This new tariff will be in addition to the existing 50 percent tariff on semiconductors from China imposed pursuant to the Section 301 investigation related to forced technology transfer.

Section 301 Tariff Increases on China Set to Take Effect in 2026

Seven HTS numbers will see increased Section 301 China duties effective January 1, 2026, and a new Chapter 99 provision will apply. These increases were originally announced in September 2024 as part of the Four‑Year Review of the Section 301 China tariffs. The table below lists the affected HTS numbers along with their updated tariff rates.

HTS Number

Tariff Description

Old Dutiable
99#

Old 99# Effective

Old Rate

New Dutiable
99#

New Effective Date

New Rate

4015.12.10

Medical or surgical gloves of vulcanized rubber other than hard rubber

9903.91.05

1/1/2025

50%

9903.91.08

1/1/2026

100%

6307.90.9842

Surgical N95 Respirators of Textile

9903.91.01

9/27/2024

25%

9903.91.07

1/1/2026

50%

6307.90.9844

Non-surgical N95 Respirators of Textiles

9903.91.01

9/27/2024

25%

9903.91.07

1/1/2026

50%

6307.90.9850

Respirators of Textiles, Other than N95

9903.91.01

9/27/2024

25%

9903.91.07

1/1/2026

50%

6307.90.9870

Face Masks of Textiles, Disposable

9903.91.04

1/1/2025

25%

9903.91.07

1/1/2026

50%

6307.90.9875

Face Masks of Textiles, Other than Disposable

9903.91.01

9/27/2024

25%

9903.91.07

1/1/2026

50%

8507.60.0020

Lithium ion batteries: Other

9903.88.15

2/14/2020

7.5%

9903.91.06

1/1/2026

25%

 

AI Exports Included in Agreements with Japan and Korea

The Trump administration has announced the signing of agreements with Japan and South Korea that will “further enable U.S. engagement with Japan and Korea’s unique science and technology ecosystems to align regulatory and standards approaches, accelerate research and development, and strengthen national security.”

Among other things, both agreements provide that the partner countries intend to work together to promote artificial intelligence exports across the full stack of AI hardware, models, software, applications, and related standards. The agreement with Korea also indicates an intent to explore collaboration on AI export deals “across Asia and beyond” to drive the adoption of a shared AI ecosystem in the region.

Japan and Korea are some of the largest trading partners for Virginia companies, and this recent action should make it easier for high tech businesses in each of these countries to continue working together. For more information, click here.

Tariff Changes for Imports from Korea to be Retroactive

The Trump administration has issued a notice amending the Harmonized Tariff Schedule of the U.S. to implement the select aspects of a bilateral trade agreement with South Korea.

First, the U.S. will apply to imports of originating goods from Korea the higher of  (1) the U.S.-Korea Free Trade Agreement or U.S. most-favored-nation tariff rate, as applicable, or (2) a “reciprocal” tariff rate of 15 percent. In addition, the U.S. will reduce its Section 232 tariffs on automobiles, auto parts, timber, lumber, and wood derivatives of South Korea to 15 percent. For such products with a KORUS or MFN tariff rate equal to or greater than 15 percent, no additional Section 232 tariff will apply; otherwise, the sum of the KORUS or MFN tariff and the additional Section 232 tariff will be 15 percent.

Through the first nine months of 2025, South Korea was a top 15 exporter to Virginia. For more information, click here.

U.S. Lifts Embargo on Defense Trade with Cambodia

The State Department has issued a final rule that, effective Nov. 7, amends the International Traffic in Arms Regulations to lift the U.S. embargo on defense trade with Cambodia. State noted that this decision is based on “Cambodia’s diligent pursuit of peace and security, including through renewed engagement with the United States on defense cooperation and combating transnational crime.”

As a result of this change, requests for authorization for transfers of defense articles and defense services to Cambodia will be adjudicated on a case-by-case basis. In addition, exemptions that are unavailable for transfers to countries listed in ITAR § 126.1 are now available for transfers to Cambodia, subject to the relevant criteria in the exemption being satisfied.

Virginia businesses engaged in military or commercial aviation should consider attending the Singapore Air Show taking place February 3-8, 2026. For more information on the Trade Show, click here.

U.S. to Increase Tariffs on Imports from Nicaragua in 2027

The Office of the U.S. Trade Representative has announced plans to phase in higher tariffs on imports from Nicaragua following a Section 301 determination that Nicaragua’s acts, policies, and practices related to abuses of labor rights, abuses of human rights and fundamental freedoms, and dismantling of the rule of law are unreasonable and burden or restrict U.S. commerce. 

USTR states that the U.S. will impose an additional tariff on all imported Nicaraguan goods that are not originating under the Dominican Republic-Central America-U.S. Free Trade Agreement. This tariff will be set at zero on Jan. 1, 2026, and will increase to 10 percent on Jan. 1, 2027, and 15 percent on Jan. 1, 2028. This timeline and these rates may be modified if Nicaragua shows a lack of progress in addressing applicable issues. USTR notes that this tariff will stack on top of other applicable tariffs, such as most-favored-nation duties and the 18 percent “reciprocal” tariff imposed under the International Emergency Economic Powers Act.

Virginia companies have imported about $35 million in goods from Nicaragua so far this year, already exceeding imports for all of 2024. For more information, click here.

USTR Greer Delivers Report to Congress on USMCA Review

USTR Jamieson Greer briefed the House Ways and Means Committee and the Senate Finance Committee on December 16 and 17, respectively, regarding the operation of the U.S.-Mexico-Canada Agreement (USMCA) ahead of the July 1, 2026, joint review. In his statement, Greer said his office intends to keep the President’s options open and will recommend renewing the agreement only if the issues identified can be resolved. He noted that these issues may be addressed either bilaterally or trilaterally. For more information, including Greer’s full statement and a list of identified issues, click here.

Canada Imposes 25 Percent Tariff on Full Value of Steel Derivatives

Effective December 26, 2025, the Government of Canada is imposing 25 percent tariffs on the full value of the steel derivative products listed here from all countries. Among other exceptions, the tariff will not apply to goods that are subject to a tariff under the United States Surtax Order (Steel and Aluminum 2025). This change will likely increase the cost of exporting steel derivatives to Canada.

U.S. Trade Activity

Recent trade and customs developments include several important legal and administrative updates affecting importers and customs brokers. On Dec. 15, the Court of International Trade ruled that importers are not required to immediately file suit to preserve their rights to potential refunds of tariffs imposed under IEEPA, affirming that the court retains authority to order reliquidation and refunds if such tariffs are later struck down. Separately, U.S. CBP announced delays to multiple enhancements to ACE. CBP also increased the annual customs broker permit user fee for 2026 and announced that the next customs broker license exam will be held in spring 2026. In addition, beginning Nov. 14, CBP will require all individual customs broker license applications to be submitted electronically through the eCBP portal.

CBP Postpones Numerous Enhancements to ACE

U.S. Customs and Border Protection has updated its schedule for deploying additional functionality to the Automated Commercial Environment. 

  • Exports. Functionality planned for June 2026 will provide the export community with an electronic method for submitting outbound cargo manifests. An enhancement providing a trade-facing electronic export manifest portal to enable the filing of truck EEM bills of lading prior to departing the U.S. for Mexico or Canada and to allow carriers to add account data has not yet been rescheduled. An enhancement enabling export manifest filers to utilize the standard X12 or EDIFACT message sets currently used to submit import truck manifest information remains scheduled for June 2026. Newly scheduled for October 2026 is a modernization of CBP’s ocean manifest EDI services, ocean and rail manifest UIs, and in-bond external interfaces and APIs.
  • Import duties. An enhancement enabling ACE to calculate estimated duties on an entry summary line when more than two HTSUS numbers are submitted has been pushed back from January to March 2026.
  • De Minimis Shipments. Enhancements adding bond validations for low-value shipments and automating the removal and restoration of entry type 86 test participants remain on hold.

For more information, click here.

Customs Broker Fee Increases; License Exam Prep Course Available

U.S. Customs and Border Protection has set Jan. 30, 2026, as the due date for payment of the annual customs broker permit user fee, which for 2026 will be $185.38 (up from $180.57).

This fee is assessed for each customs broker permit held by an individual, partnership, association, or corporation. It is payable for each calendar year for a national permit held by a broker and may be submitted through either the eCBP portal or at the processing Center. If it is not paid on time the permit is revoked by operation of law. CBP will hold its next exam for those seeking to obtain a customs broker license in spring 2026. For more information, click here.

CBP to Require Electronic Submission of Broker License Applications

U.S. Customs and Border Protection has announced that as of Nov. 14 applicants for individual customs broker licenses must complete and submit all applications and associated fees through the eCBP portal. Applications that are hand-delivered, mailed, or emailed on or after that date will be returned to the applicant for submission through this electronic portal.

CBP states that individual applicants will log into eCBP using the same login.gov account used when they applied for the customs broker license exam. Credit card and debit card payments will be accepted, no additional fees will be charged for payments, and receipts will be provided electronically. CBP notes that applications submitted via this method will be placed into the existing queue of applications.

Virginian applicants for individual customs broker licenses should understand these changes to help prevent any obstacles in obtaining their licenses. For more information, click here.

 

Special Topic: The Supreme Court and U.S. Tariffs

The U.S. Supreme Court heard arguments on November 5 on the legality of President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs. During the two-and-a-half hour hearing, both conservative and liberal justices expressed skepticism about the broad legal justification for President Trump’s use of IEEPA to impose tariffs; however, some seemed open to narrower applications in genuine emergencies.

Issues raised included whether IEEPA’s authority to regulate trade includes authority to impose tariffs; whether the IEEPA tariffs violate the major questions doctrine, which holds that Congress must be clear in delegating substantial power to the president; and whether in enacting IEEPA Congress impermissibly delegated to the president its exclusive authority to levy taxes.

Overall, four justices appear to favor striking the tariffs; three appear to favor upholding the tariffs; and two appear to be on the fence.

Experts anticipate that a decision will likely come in the first quarter of 2026 – which would give the Trump Administration time to implement additional tariffs under Section 232 tied to ongoing investigations.

It is possible that the Supreme Court will overturn the tariffs and deem them illegal. However, the court will not issue a decision on refunds. Instead, it is likely that the Supreme Court will push any refund decisions down to the Court of Appeals for the Federal Circuit (CAFC). The CAFC has already ruled that the tariffs are illegal, and their order was a remand to the lower Court of International Trade (CIT) for it to reconsider if their original order should stand. 

Originally, the CIT determined the IEEPA tariffs were illegal and issued an order for CBP to stop collecting duties within 10 days. That order was universal – meaning all importers would not have to pay the tariffs. It is possible that the CIT will decide that refunds are only available to those companies that have filed a lawsuit. If that were to happen, Virginia companies should then consider filing to get refunds.

A Dec. 15 ruling by the CIT affirmed that importers do not need to file suit immediately at the CIT to preserve their rights to potential refunds of tariffs imposed under IEEPA.

In litigation seeking refunds of IEEPA tariffs that was filed under 28 USC 1581(i), the CIT’s residual jurisdiction, several companies sought a preliminary injunction to prevent U.S. Customs and Border Protection from liquidating entries subject to IEEPA tariffs. The companies reasoned that, once liquidation occurs, the CIT might be powerless to order CBP to reliquidate entries and provide refunds if the Supreme Court strikes down the IEEPA tariffs. 

The government responded that it has repeatedly conceded throughout other IEEPA tariff cases that the CIT has the authority to order reliquidation of entries should the tariffs be struck down. For more information, click here.

Additionally, on Dec. 23, the CIT issued an order that will automatically stay all unassigned and newly filed suits from importers seeking refunds of IEEPA tariffs until the Supreme Court decides their legality. The order states that the CIT expects to determine the “appropriate next steps” for resolution of the suits only after the Supreme Court ruling arrives.


Mitigating Tariff Increases

What began as an effort to rebalance trade with China has now evolved into a domestically focused approach to trade around the world. It is therefore more important than ever for companies in the global supply chain to take active, intentional measures to avoid, mitigate, and/or recover the costs of increased tariffs, both those already in place and those that may be imposed in the future. 

Avoid

Classification engineering. U.S. Customs and Border Protection can only levy duties and tariffs on goods in their condition as imported. Importers in a variety of industries where high import duties prevail can legally take advantage of classification provisions carrying a lower or free rate of duty. For instance, components imported separately may fall into an entirely different tariff provision than the finished product and may thus avoid a higher tariff. Renewed consideration should be given to this strategy to address tariffs, for instance under Section 232 or the International Emergency Economic Powers Act, where particular HTSUS provisions may be listed as subject to or exempt from such tariffs.

Further, classification concepts are particularly useful for certain U.S. or other products that fall within the special HTSUS Chapter 98 provisions, many of which may enable importers to partially or fully avoid higher tariffs. These provisions cover numerous types of products used for specific purposes as well as specific production or sourcing scenarios involving U.S. or previously imported components.

Origin engineering. If you cannot change the tariff classification of an imported product, it may be possible to modify its country of origin. For instance, CBP has found that the complex assembly of numerous parts, modules, or subassemblies into dedicated machines results in a substantial transformation of the components so that their country of origin is where the finished product was produced. Shifting such operations to countries not subject to higher tariffs may thus be a viable way to avoid them. Unfortunately, these rules differ by product, so each production step should be reviewed in detail to ensure that substantial transformation is actually taking place.

FTAs. The U.S. has 14 free trade agreements encompassing major trading partners like Canada, Mexico, South Korea, and Australia as well as other countries and regions like Chile, Colombia, Morocco, Singapore, and Central America. FTAs eliminate duties on trade between the U.S. and partner countries, and in the case of the U.S.-Mexico-Canada Agreement qualifying goods can avoid some of the IEEPA tariffs. Moreover, FTA-eligible imports into the U.S. can benefit from an exemption from the merchandise processing fee, and FTAs lower a wide range of non-tariff barriers on goods and services trade between partner countries.

Exclusions. More than 150 products (listed in Annex C in this notice) remain eligible for exclusions from the existing Section 301 tariffs on China.

Mitigate

First sale. First sale valuation has long proven useful to industries that have been subject to high import duties, as it allows duty to be paid on the price a middleman trading company pays the manufacturer instead of the higher price the importer pays the trading company. While tariffs still apply in this scenario, the dutiable value is often significantly lower, resulting in a lower duty bill.

Various criteria must be met to ensure the first sale price reflects a sale that is clearly destined to the U.S. and conducted at arm’s length, but once validated, a viable first sale value can provide substantial duty savings. It can also serve as a type of long-term annuity; i.e., even if IEEPA, Section 301, or other tariffs expire, use of first sale valuation would continue to provide a lower declared value and thus reduce the regular duties assessed on a company’s products. Further, importers employing first sale enjoy enhanced visibility into, and hence improved compliance and security throughout, their supply chains.

Valuation. Importers should consider (1) whether certain amounts typically included in the price, such as buying commissions, shipping-related charges, inspection fees, and post-importation assembly charges, can be excluded from dutiable value, and (2) how the use of transfer pricing rules (see below) may be able to lower the dutiable value in related party transactions. 

Trade remedy reviews. The U.S. maintains more than 700 antidumping and/or countervailing duty orders imposing substantial and even prohibitive duties on imports from dozens of countries. Annual administrative reviews of these orders that seek to update the information on which they are based, and ad hoc new shipper reviews of foreign companies not involved in an initial AD/CV proceeding, can be effective at obtaining lower duties. Importers can also request scope rulings and changed circumstances reviews that may result in the exclusion of specific goods from the coverage of an order and thus eliminate associated AD/CV duties.

Duty deferral. Goods admitted to a foreign-trade zone in privileged foreign status retain their character and tariff classification as admitted even if they are manufactured into a product subject to higher tariffs that may be withdrawn from the zone and exported out of the U.S. to avoid such tariffs. Goods otherwise subject to higher tariffs may be stored, manipulated, and/or subject to packaging or labeling operations in a bonded warehouse for up to five years to avoid those tariffs if they are (1) exported directly from the warehouse, (2) destroyed, or (3) entered for U.S. consumption once the tariffs have lapsed or a product-specific exclusion has been granted. Temporary importations under bond enable companies to avoid higher tariffs for products transiting or undergoing processing prior to exportation out of the U.S.

Recover 

Refunds. Litigation currently before the Supreme Court could result in overturning the IEEPA tariffs and potentially result in refunds to importers that have paid them. Importers should therefore act quickly to best position themselves to secure any such refunds, such as filing timely protests (click here for more information). 

Transfer pricing. Transfer pricing represents the price one company (e.g., a parent) charges a related company (e.g., a subsidiary) for its goods and services. Retroactive transfer pricing adjustments are generally considered part of the customs value of previously imported goods and may need to be reported to CBP. In such cases, importers may need to tender additional duties to CBP if the adjustment increases the customs value of the imported goods, but they may also seek a refund for adjustments that decrease that value and thus the duties owed. However, certain procedures and processes need to be in place prior to adjusting such values to ensure compliance with CBP rules.

Reconciliation. Under CBP’s reconciliation program, importers may file entry summaries with the best available information and later file a reconciliation entry that provides the final and correct information upon which the entry is liquidated. Reconciliation is currently available for classification, value, HTSUS 9802 values, and FTA eligibility. If the reconciliation entry reflects a preferred classification, a lower dutiable value, or FTA eligibility, excess duties and tariffs deposited at entry may be refunded.

Post-entry procedures. Post-summary corrections (prior to entry liquidation) and protests (after liquidation) can be used to secure refunds when duty recovery opportunities are discovered after entry of the goods. If proper legal arguments and supporting information are submitted and applicable time frames are met, these mechanisms can yield substantial refunds.

For more information, please contact your VEDP representative.