The U.S. International Trade Commission is Open and has Resumed Operations - U.S. International Trade Commission
As of Thursday, November 13, 2025, the Commission received funding through January 30, 2026, and the period of the shutdown has ended. The Commission will resume operations on the first business day, Thursday, November 13, 2025, with the following caveats. The USITC will NOT be accepting document filings until Monday, November 17, 2025, as it reschedules active cases and previously scheduled deadlines affected by the shutdown. As a result, EDIS is operating in a read-only capacity. Document filing has been disabled. In general, the Commission has tolled all statutory and other investigative deadlines pending before it for 47 days to account for the shutdown and resumption of activities. However, specific schedules for each investigative proceeding, including those pending before an Administrative Law Judge, may be revised and new schedules posted as necessary. We anticipate that it may take a week or more for revised schedules to be finalized, and a temporary webpage has been created to assist parties and the public to track rescheduling notices. While EDIS will go live on Monday, November 17, 2025, the Commission requests that parties in specific proceedings wait until revised deadlines are scheduled to file documents in a proceeding. We appreciate everyone’s patience as the Commission resumes operations.
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IEEPA Litigation Update - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On November 5, 2025, the U.S. Supreme Court heard oral argument in Learning Resources, Inc. v. Trump (24-1287), and Trump, President of U.S. v. V.O.S. Selections, Inc. (25-250), cases brought by five importers and by several states challenging the Administration’s reliance on the International Emergency Economic Powers Act (IEEPA) to impose broad tariff measures. The oral argument lasted nearly three hours with the justices posing pointed questions to both sides. Three justices were clearly skeptical that IEEPA confers upon the President the power to impose tariffs. Three other justices expressed discomfort with the government’s position that IEEPA gives the President nearly unlimited power to impose such tariffs, being that the Constitution limits that power to Congress. A split decision appears likely but it is anyone’s guess as to how the Court will rule. We do expect a decision within the next couple of months because the Court has put this case on a fast track.
Importantly, for importers who have been paying IEEPA tariffs, it remains an open question as to whether the Court will order refunds in the event that it invalidates the IEEPA tariffs. Also unclear is what process would be required to obtain refunds. For now, importers should monitor the liquidation status of their entries and track the IEEPA duties paid.
We are monitoring this case closely. Please contact Joseph M. Spraragen or any of our attorneys with any questions you may have.
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International Traffic in Arms Regulations: Changes to Section 126.1 - Federal Register
AGENCY: Department of State.
ACTION: Final rule.
SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) in § 126.1 to reflect a determination made by the Secretary of State.
DATES: This rule is effective on November 7, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Haddad, Foreign Affairs Officer, Office of Defense Trade Controls Policy, U.S. Department of State, telephone: (771) 204-7878; email DDTCCustomerService@state.gov.
ATTN: Regulatory Change, ITAR Section 126.1 Cambodia.
SUPPLEMENTARY INFORMATION:
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, the Secretary of State made a determination to lift the embargo on defense trade with Cambodia. Pursuant to this determination, the Department amends the International Traffic in Arms Regulations (ITAR) at § 126.1 to remove the reference to Cambodia in table 2 to paragraph (d)(2) and to remove the defense trade policy for Cambodia previously found in paragraph (o).
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 and 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.
Regulatory Analysis and Notices
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USTR Suspension of Action in Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance - U.S. Trade Representative
November 09, 2025
WASHINGTON — Today, the Office of the U.S. Trade Representative (USTR) announced the suspension of the action in the Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance.
The action will be suspended for one year, and as of 12:01 a.m. Eastern Standard Time on November 10, 2025.
The suspension follows the historic trade and economic deal reached between President Trump and President Xi Jinping of China announced by the White House on November 1, 2025. In light of this deal, and pursuant to the direction of the President, the United States Trade Representative is suspending for one year, beginning on November 10, 2025, the responsive actions taken in this investigation. The United States will negotiate with China pursuant to Section 301 regarding the issues raised in this investigation. While taking these actions, the United States will continue its domestic efforts and its discussions with key allies and partners on revitalizing American shipbuilding.
Information on the suspension is provided in a formal notice.
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In the News:
• Mexico Imposes Hefty Tariffs on Sugar to Protect Local Industry - [Bloomberg/Yahoo Finance]
• US container imports fall in October amid tariff driven caution - [Reuters]
• China announces restrictions on chemicals after deal with Trump on fentanyl tariffs - [The Hill]
• ‘The tariffs are a big tax increase’: Top bank crunches the numbers on how much Americans are paying for Trump’s trade regime - [Yahoo Finance]
• Most emerging nations can realign trade to weather US tariffs, report finds [- Reuters]
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Counterfeit Designer Watches Worth over $8 Million Seized by CBP officers in Chicago - U.S Customs & Border Protection
CHICAGO– U.S. Customs and Border Protection officers assigned to an express consignment facility near Chicago International Airport examined a shipment arriving from China containing designer brand watches Oct. 23.
The shipment was heading to a residence in Chicago when officers intercepted the parcel for inspection. Officers discovered 26 watches and two bracelets that were seized for bearing counterfeit marks: six Richard Mille watches; eight Audemars Piguet watches; four Diesel watches; eight G-Shock watches; and two Rolex bracelets. The watches and bracelets bore the names and logos of these designer brands.
The items were deemed to be inauthentic by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and if genuine, would have had a combined Manufacturer’s Suggested Retail Price over $8.5 million.
“While online shopping has increased, CBP stays vigilant by stopping illegal shipments like these from damaging our economy,” said Director, Field Operations-Chicago Field Office LaFonda D. Sutton-Burke. “Officers at the Port of Chicago are always on the lookout to uphold our mission of protecting Americans from dangerous shipments and materials.”
Commonly, these goods are sold in underground outlets and on third party e-commerce websites. Counterfeit commodities fund smugglers and members of organized crime. Consumers often believe they are buying a genuine product but soon realize the item is substandard.
Trade in counterfeit and pirated goods threatens America’s economy, the competitiveness of our businesses, the livelihoods of U.S. workers, and, in some cases, national security and the health and safety of consumers. To combat the entry of counterfeit and pirated goods into America, CBP targets and seizes imports of counterfeit and pirated goods and enforces exclusion orders on patent-infringing and other IPR violative goods.
CBP Trade protects the intellectual property rights of American businesses through an aggressive Intellectual Property Rights enforcement program, safeguarding them from unfair competition and use for malicious intent while upholding American innovation and ingenuity. Suspected violations can be reported to CBP here.
The dangers of buying counterfeit products aren’t always obvious to consumers. Particularly, when shopping online, beware of counterfeit goods. Fake goods can lead to real dangers. For more information, visit The Truth Behind Counterfeits page.
If you have any information regarding suspected fraud or illegal trade activity, please contact CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT -IPR violations can also be reported to the National Intellectual Property Rights.
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CBP Reminds Shoppers: Beware of Counterfeits this Holiday Season - U.S Customs & Border Protection
Stay safe from the dangers of fake products
WASHINGTON — As American families prepare for holiday shopping, U.S. Customs and Border Protection urges shoppers to avoid purchasing counterfeit products, which may cause harm to consumers, their families, businesses, and the nation’s economy.
“CBP is on the front line of stopping illicit goods from entering the country,” said Acting Executive Assistant Commissioner Diane J. Sabatino, of CBP’s Office of Field Operations. “It is crucial that shoppers understand that buying cheap, inauthentic goods is not victimless. It can cause harm to those you care about because of toxic materials and can even fund criminal activities.”
Illegitimate sales are some of the most profitable transnational crimes. Counterfeiters sell inauthentic versions of popular products in response to trends, often through online sources, which adversely impacts legitimate U.S. businesses. These items, including fake medications, perfumes, and cosmetics; children’s toys and costumes; fashion, jewelry, and luxury products; and unsafe electronics and automative parts, can pose serious health and safety risks to American consumers.
CBP helps disrupt these illegal practices. In fiscal year 2025, CBP seized nearly 79 million counterfeit items with a combined Manufacturer’s Suggested Retail Price value of over $7.3 billion, had these items been genuine. Counterfeit clothing, consumer electronics, toys, and medications were among the top seized items.
“It is against the law to import counterfeit or pirated merchandise, and individual consumers may be liable for penalties or fines even if ordered by mistake,” said Susan S. Thomas, Acting Executive Assistant Commissioner of CBP’s Office of Trade. “Don’t be fooled by counterfeits and use due diligence when making purchases.”
Consumers can protect themselves and their families by using the following best practices when making online purchases:
• Trust your instincts. If a deal seems too good to be true, the item is probably fake. Shop from reputable online sources.
• Research the product. Look at product photos, reviews, and seller information.
• Avoid suspicious websites. Avoid online sources containing typos or that lack a refund policy or contact method.
• Prioritize secure payments and protect your data. Look for eCommerce websites that begin with https:// (the “s” stands for secure payment). Keep your electronic devices updated with cybersecurity protections.
• Inspect the packaging and product upon arrival. Look for missing safety seals, unusual packaging, typos, or broken items.
• Spread Awareness. Let your friends, family, and co-workers know about counterfeit goods sold on illicit websites. If you receive a fake good, report it through CBP’s Trade Violations Reporting platform or the National IPR Center. Your actions can make online shopping safer and smarter for all.
To learn more about what CBP is doing every day to protect Americans from counterfeit goods, and more about the Truth Behind Counterfeits public awareness campaign, please visit: https://www.cbp.gov/trade/fakegoodsrealdangers