IEEPA Refund Litigation Update - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
We sent out an overview of the potential IEEPA refund situation explaining how companies can protect rights to potential IEEPA Tariff refunds. One of the concerns we highlighted is that in the event of a favorable U.S. Supreme Court decision, IEEPA refunds may not be available for entries that have liquidated. To protect against this eventuality, we have started filing protective cases in the U.S. Court of International Trade for our clients that request the court to enjoin U.S. Customs from liquidating the company’s entries. The purpose of the court filing is to maintain the status quo for the company until the final outcome of the U.S. Supreme Court case and refund methodology (if any) is known.
Imports that are most at risk of liquidating before a final U.S. Supreme Court decision are entries subject to the China Fentanyl IEEPA that went into place on February 4, 2025. Entries made on or after February 4, 2025, will likely begin liquidating after December 15, 2025, based upon CBP’s normal 314-day liquidation cycle.
The Mexico and Canada Fentanyl IEEPA tariffs were implemented on March 4, 2025, and entries subject to those tariffs will therefore likely start to liquidate on or after January 12, 2026.
The Liberation Day tariffs were implemented on April 2, 2025, and entries subject to those tariffs will likely start to liquidate on or after February 10, 2026.
If importers have entries that will begin liquidating, the most prudent and conservative option is for the importer to file its own protective case in the Court of International Trade.
Please contact one of our attorneys if you would like us to file such an action on your behalf.
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Federal Register Notices:
• Investigations; Determinations, Modifications, and Rulings, etc.: Non-Oriented Electrical Steel From China, Germany, Japan, South Korea, Sweden, and Taiwan; Institution of Five-Year Reviews
• Slag Pots From China; Determinations
• Fluid End Blocks From China, Germany, India, and Italy; Institution of Five-Year Reviews
• Quartz Surface Products; Institution of Investigation, Scheduling of Public Hearings, and Determination That the Investigation Is Extraordinarily Complicated
• Oil Country Tubular Goods From China; Institution of Five-Year Reviews
• Forged Steel Fittings From India and South Korea; Institution of Five-Year Reviews
• Citric Acid and Certain Citrate Salts from China; Institution of Five-Year Reviews
• Multifunctional Acrylate and Methacrylate Monomers and Oligomers (MAMMOs) From South Korea and Taiwan; Revised Schedule for the Subject Proceeding
• Frozen Fish Fillets From Vietnam; Institution of a Five-Year Review
• Application for Duty-Free Entry of Scientific Instruments: UChicago Argonne LLC et al.: Application(s) for Duty-Free Entry of Scientific Instruments
• University of Washington et al.: Notice of Decision on Applicationfor Duty-Free Entry of Scientific Instruments
• Investigations; Determinations, Modifications, and Rulings, etc.: Corrosion-Resistant Steel Products From Australia, Brazil, Canada, Mexico, Netherlands, South Africa, Taiwan, Turkey, United Arab Emirates, and Vietnam; Determinations
• Tetrahydrofurfuryl Alcohol from China; Revised Schedule for the Subject Proceeding
• Investigations; Determinations, Modifications, and Rulings, etc.: Kitchen Appliance Shelving and Racks From China; Revised Schedule for the Subject Proceeding
• Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, Mexico, South Korea, and Thailand; Revised Schedule for the Subject Proceeding
• Carbon and Certain Alloy Steel Wire Rod From China; Revised Schedule for the Subject Proceeding
• Commodity Matchbooks From India; Revised Schedule for the Subject Proceeding
• Implementing Certain Tariff-Related Elements of the U.S.-Korea Strategic Trade and Investment Deal
• Investigations; Determinations, Modifications, and Rulings, etc.: Monosodium Glutamate From China and Indonesia; Revised Schedule for the Subject Proceeding
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USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Ceramic Tile from China - U.S. International Trade Commission
The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping and countervailing duty orders on ceramic tile from China would likely lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China will remain in place.
Chair Amy A. Karpel and Commissioner Jason E. Kearns voted in the affirmative. Commissioner David S. Johanson voted in the negative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report, Ceramic Tile from China (Inv. Nos. 701-TA-621-and 731-TA-1447 (Review), USITC Publication 5687, February 2026), will contain the views of the Commission and information developed during the reviews.
The report will be available by March 5, 2026*; when available, it may be accessed on the USITC website.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally, within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Ceramic Tile from China were instituted on May 1, 2025.
On August 4, 2025, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns concluded that the domestic interested party group responses were adequate and the respondent interested party group responses were inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Ceramic Tile from China; Inv. No. 701-TA-621 and 731-TA-1447 (Review).
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$6 million in counterfeit watches intercepted by CBP officers in Cincinnati - U.S. Customs & Border Protection
CINCINNATI—U.S. Customs and Border Protection officers in Cincinnati seized a shipment of 52 counterfeit watches from Colombia on November 28. Had these goods been genuine, the shipment would have had a combined Manufacturer’s Suggested Retail Price of $6.37 million.
The shipment was heading to a residence in Washington when officers pulled the parcel for inspection. Officers seized 52 designer-branded watches for bearing counterfeit versions of Richard Mille, Rolex, Hublot, Cartier, and Casio trademarks. The items were deemed to be inauthentic by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.
“We continue to enjoy unprecedented growth in e-commerce, and this growth serves as an ever-larger driving force behind the U.S. and world economies. It’s extremely important, as our trade avenues expand, our focus on enforcing intellectual property rights violations expands with it.,” said Director of Field Operations, LaFonda D. Sutton-Burke, Chicago Field Office. “We will continue to execute these types of enforcement operations to further protect legitimate businesses and consumers from intellectual property thieves.”
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 as they are often made with substandard or harmful materials.
CBP helps disrupt these illegal practices. In fiscal year 2025, CBP seized nearly 79 million counterfeit items with a combined MSRP value of over $7.3 billion, had these items been genuine. Counterfeit clothing, consumer electronics, toys, and medications were among the top seized items.
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.
CBP 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.
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 Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060
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FDA Seizes 7-OH Opioids to Protect American Consumers - Food & Drug Administration
The U.S. Food and Drug Administration, in coordination with the U.S. Department of Justice, announced today that the U.S. Marshals Service seized approximately 73,000 units of 7-hydroxymitragynine (7-OH) products—valued at roughly $1 million—from three firms in Missouri.
The seizure focused on foods and dietary supplement products—including liquid shots and tablets—containing concentrated 7-OH as an added ingredient. Concentrated 7-OH is increasingly recognized as having potential for abuse because of its ability to bind to opioid receptors. It cannot be lawfully added to dietary supplements or conventional foods. These products are considered adulterated because 7-OH does not meet applicable safety standards. Also, the FDA has not approved 7-OH for medical use.
“This enforcement action is a strong step to protect Americans from the dangers of concentrated 7-OH products, which are potent opioids,” said FDA Commissioner Marty Makary, M.D., M.P.H. “We must be proactive and vigilant to address emerging threats to our communities and our kids.”
The FDA worked closely with the Missouri Department of Health and Senior Services in this enforcement action, which builds on the FDA’s comprehensive efforts to protect Americans from dangerous, illegal opioid substances. In July of this year, the FDA recommended the scheduling of certain 7-OH products under the Controlled Substances Act and issued warning letters to companies for illegally distributing products containing 7-OH, including tablets, gummies, drink mixes and shots. FDA also notified health care professionals and informed consumers of the risks associated with concentrated 7-OH products.
“The rise in the use of concentrated 7-OH as an illegal ingredient in foods and dietary supplements is of particular concern for the FDA,” said FDA Deputy Commissioner for Human Foods, Kyle Diamantas, J.D. “Actions like those announced today put a marker down that our agency will not tolerate the use of this dangerous ingredient in foods and dietary supplements, especially in products that are accessible to our nation’s youth.”
These recent operations demonstrate coordinated federal enforcement efforts against concentrated 7-OH products. The FDA reminds all manufacturers and distributors that they must ensure their products comply with all applicable federal requirements.