CSMS # 70261629 - UPDATED GUIDANCE: Section 301 China Conforming Amendment - USCBP
This message updates CSMS #69990649 to provide guidance regarding an additional conforming amendment to Section 301 China product exclusions.
The Automated Commercial Environment (ACE) functionality for the acceptance of the conforming amendment will be effective as of 6 pm on October 23, 2026.
BACKGROUND
On September 2, 2026 and October 7, 2026, the Office of the U.S. Trade Representative (USTR) published Federal Register Notices 91 FR 56538 and 91 FR 64211 making conforming amendments to five Section 301 China product exclusions. These amendments are to conform with changes to ten-digit statistical reporting categories of the Harmonized Tariff Schedule of the United States (HTSUS) effective July 1, 2026.
The amendments found in the Annex to the two Federal Register notices amend U.S. notes 20(vvv)(i)(4), 20(vvv)(i)(5), 20(vvv)(i)(6), 20(vvv)(i)(20) and 20(vvv)(iv)(4) to subchapter III of chapter 99 of the HTSUS, as originally published in the Annex at 89 FR 46948 (May 30, 2024), as amended.
GUIDANCE
This guidance provides instructions for importers, brokers, and filers on submitting entries to U.S. Customs and Border Protection (CBP) on imports subject to five exclusions from the Section 301 China measures, effective July 1, 2026.
• U.S. note 20(vvv)(i)(4) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
• U.S. note 20(vvv)(i)(5) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
• U.S. note 20(vvv)(i)(6) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099 effective July 1, 2026” after “January 1, 2020.”
Note: The goods covered by notes (i)(4), (5) and (6), through June 30, 2026, were classified under HTSUS classifications 8413.91.9065, 8413.91.9085 or 8413.91.9096.
• U.S. note 20(vvv)(iv)(4) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “prior to July 1, 2026; described in statistical reporting numbers 3926.90.9915 or 3926.90.9920 effective July 1, 2026” after “3926.90.9910”.
Note: The goods covered by note (iv)(4), through June 30, 2026, were classified under HTSUS classification 3926.90.9910.
ADDITIONAL TECHNICAL AMENDMENT
• U.S. note 20(vvv)(i)(20) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified by inserting “through June 30, 2026; described in statistical reporting number 8479.90.9591, effective July 1, 2026” after “January 27, 2022.”
Note: The goods covered by notes (i)(20), through June 30, 2026, were classified under HTSUS classifications 8479.90.9596.
Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 China duties when HTSUS 9903.88.69 is submitted.
ADDITIONAL INFORMATION
To request removal of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe.
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative.
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FDA Issues Final Guidance on Prescription Drug Apps and Software - FDA
New policy clarifies when app content requires FDA review and how drug-connected software must be described on medication labels
The U.S. Food and Drug Administration today released final guidance establishing a clear framework for how drug companies can develop, distribute, and label apps used alongside their prescription medicines. The guidance ends longstanding uncertainty by providing recommendations about when app content is subject to FDA submission requirements, when an app should be mentioned on a drug’s official label, and what companies should submit to the agency.
“Mobile apps are playing a growing role in how patients manage their medications and health conditions,” said Captain Chris Wheeler, Pharm.D., Director of the Division of Medical Policy Programs within FDA’s Center for Drug Evaluation and Research. “This guidance helps ensure that the information these tools provide is accurate, evidence-based, and clearly communicated to both patients and their providers.”
The guidance addresses three key questions for industry: when app content is treated as FDA-required labeling versus promotional labeling, when an app should be referenced in a drug’s official prescribing information, and what companies should submit to FDA when they distribute app content to users.
The guidance identifies two categories of companion software:
• Apps connected to a medical device (such as an app paired with an asthma inhaler) generally should be described on the drug’s official prescribing label, given the central role the software plays in how the medicine is used.
• Standalone apps (such as symptom trackers, dose reminders, or health coaching tools) should appear on the prescribing label if the company can show the app is essential for safe and effective use or can demonstrate a meaningful clinical benefit. In most cases, content a companion app displays to users will be treated as promotional material, consistent with how the FDA handles other drug advertising.
“This guidance reflects FDA’s commitment to responsible, risk-proportionate oversight of digital health, an area that is a key priority for the agency and is evolving rapidly and holds significant promise for improving patient care,” said Michael Davis, M.D., Ph.D., Director of the FDA’s Center for Drug Evaluation and Research. “By aligning our approach across drug and device centers, we are giving developers a clear and consistent pathway to bring safe, effective digital health technologies to patients.”
“Companion apps are quickly moving beyond simple dose reminders toward tools that adapt to each patient,” said Jared Seehafer, M.S., FDA Deputy Commissioner for Technology. “Finalizing this guidance gives drug companies and their technology partners a stable foundation to build on as these technologies advance and helps ensure patients and providers can trust the information they receive.”
This guidance also reflects the FDA’s ongoing commitment to modernizing its regulatory framework to keep pace with rapidly evolving digital health technologies. By providing clear, practical recommendations for both drug-connected software and standalone software, the agency aims to reduce unnecessary uncertainty for developers and manufacturers while preserving the safety and effectiveness standards that patients and healthcare providers rely on.
The final guidance is available here.
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Customs Bulletin Weekly Vol 60, October 14, 2026, No. 32 - USCBP
Customs Bulletin Weekly Vol 60, October 14, 2026, No. 32 PDF 104.61 KB 10/14/2026
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Diameter Graphite Electrodes From the People's Republic of China: Postponement of Final Determination of Sales at Less-Than-Fair-Value Investigation and Extension of Provisional Measures
• Fine Denier Polyester Staple Fiber From India: Preliminary Results and Rescission, in Part of Antidumping Duty Administrative Review; 2024-2025
• Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2025
• Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2024-2025
• Perfluoroalkoxy Alkane From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Truck Bed Covers From the People's Republic of China: Final Affirmative Countervailing Duty Determination
• Certain Softwood Lumber Products From Canada: Final Results of Antidumping Duty Administrative Review, Partial Rescission of Administrative Review, and Final Determination of No Shipments; 2024
• Certain Softwood Lumber Products From Canada: Final Results of Countervailing Duty Administrative Review; 2024
• Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Antidumping Duty Administrative Review, and Rescission of Review, in Part; 2024-2025
• Forged Steel Fluid End Blocks From Italy: Final Results of Antidumping Duty Administrative Review; 2024
• Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Covered Merchandise Inquiry
• Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review; 2024-2025
• Thermal Paper From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
• Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Certain Wooden Fence Pickets from the People's Republic of China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Linear Hydraulic Cylinders and Parts Thereof From the People's Republic of China, India, and Mexico: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
• Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the Republic of Türkiye: Antidumping Duty Orders; Correction
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Hardwood and Decorative Plywood From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Welded Stainless Pressure Pipe From India: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Certain Oil Country Tubular Goods From India, the Republic of Korea, the Republic of Türkiye, the Socialist Republic of Vietnam, and Ukraine: Continuation of Antidumping Duty Orders and Countervailing Duty Orders•
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In the News:
• Canadian steelmakers offset some US tariff pain with domestic demand [Yahoo Finance/Reuter]
• Trump sued over 50% tariffs on Canada in latest trade challenge [CNBC]
• Japan records a trade deficit as oil imports soar because of conflict in the Middle East [AP]
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Alert Number: I-101626-PSA | 16 October 2026 / Cyber Threat Actors Use a Variety of Techniques to Target Election and Campaign Officials - FBI
The Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA) are providing this Public Service Announcement (PSA) to raise awareness of the cyber threats facing election and campaign officials during the upcoming 2026 U.S. midterm elections. Additionally, this announcement provides the public with information on techniques, including phishing1 and smishing2, that malicious cyber actors have used during past election cycles.
Malicious cyber actors may attempt to disrupt the 2026 U.S. midterm elections using phishing and smishing techniques to steal user data, including login credentials and sensitive information. Election officials, candidates, and their political organizations are attractive targets to malicious cyber criminals due to their access to voter registration data, current government officials, or sensitive campaign information.
In recent years, these actors have crafted increasingly sophisticated phishing and smishing campaigns that closely resemble legitimate communications, making it difficult for targets to distinguish fraudulent messages. The rise in super intelligence (SI) creates additional opportunities for malicious actors to generate larger, more efficient, and more effective phishing email campaigns.
Historically, phishing emails were recognizable due to spelling errors, illogical vocabulary, and poor grammar. SI allows malicious cyber actors to create language that appears genuine, using native languages and common vernacular, making it more likely for potential victims to click malicious links or inadvertently expose information through direct interaction with threat actors. Additionally, a growing number of adversaries and criminals have used SI technology to enable the creation of convincing deepfake video and audio recordings. Cyber threat actors use these deepfakes to create new identities, steal the identities of real people, create realistic facsimiles of daily life and communication, and bolster phishing schemes.
During the last two election cycles, election officials experienced a surge of phishing attempts and within the last year, the FBI saw an increase of smishing attempts through encrypted chat applications. Malicious cyber actors will continue to develop innovative technologies to breach digital defenses. SI serves as an evolutionary step by allowing malicious cyber actors to carry out sophisticated operations quicker and at a greater scale. Malicious cyber actors now use SI tools to facilitate a continuous learning process that improves the effectiveness of automated email messages in phishing attempts.
The FBI and CISA urge election officials and the American public to critically evaluate the sources of their emails and mobile messages. Such precautions are critical to remaining vigilant for phishing and smishing attempts that try to manipulate the recipient into disclosing sensitive information, such as login credentials or financial information, or that install malware on their devices. A comprehensive cybersecurity approach is essential to combat the cyber threat and protect digital information.
Tips to Protect Yourself
• Implement phishing-resistant multi-factor authentication (MFA) for all services to the extent possible, particularly for email, virtual private networks, and accounts that access critical systems. See CISA's Implementing Phishing-Resistant MFA fact sheet for guidance.
• Examine potentially malicious content for content credentials or watermarking indicating that it was SI-generated.
Tips to Protect Your Organization
• Implement or enhance existing security infrastructure. Ensure your organization has the latest antivirus/anti-malware software installed that detects and defends against inbound malware, spam, and new and sophisticated phishing campaigns. Further, ensure your organization has implemented phishing-resistant MFA. For information on newly exploited vulnerabilities please refer to CISA's Known Exploited Vulnerabilities catalog.
• Educate employees on how to identify phishing and smishing attempts. Advise employees to be cautious when providing sensitive information — such as login credentials — electronically or over the phone, particularly if unsolicited or anomalous. Employees should confirm, if possible, requests for sensitive information through secondary channels.
• Create processes for employees to send suspicious emails to IT departments for confirmation and advise personnel within your organization not to open email attachments from senders they do not recognize.
• Mark external emails with a banner denoting they are from an external source to assist users in detecting spoofed emails.
• Enable strong spam filters to prevent phishing emails from reaching end users. Filter emails containing executable files from reaching end users.
• Require all accounts with password logins (e.g., service account, admin accounts, and domain admin accounts) to have strong, unique passphrases. Passphrases should not be reused across multiple accounts or stored on the system where an adversary may have access. (Note: Devices with local administrative accounts should implement a password policy that requires strong, unique passwords for each individual administrative account.)
• If there is evidence of system or network compromise, implement mandatory passphrase changes for all affected accounts.
• Document all security incidents and remediation activities clearly, consistently, and transparently.
• Keep all operating systems and software up to date. Timely patching is one of the most efficient and cost-effective steps an organization can take to minimize its exposure to cybersecurity threats.
• Implement and use the Sender Policy Framework and Domain-Keys Identified Mail standards to help limit spoofing of the organization's servers and domain name for use in phishing emails.
• Implement role-based, least privileged access, with each user limited to the data required for their duties and access reviewed regularly.
The FBI is responsible for investigating and prosecuting election crimes, specific to foreign influence and interference operations targeting election infrastructure and other U.S. democratic institutions. CISA is responsible for helping critical infrastructure owners and operators, including those in the election community, remain resilient against physical and cyber threats. The FBI and CISA provide services and information to uphold the security, integrity, and resiliency of the U.S. electoral process.
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CPSC Eliminates Unnecessary Fuel Additive Regulations, Saving American Businesses Up to $10.7 Billion - CPSC
Agency delivers major deregulatory action under President Trump's agenda, eliminating costly requirements without weakening consumer safety protections
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) today announced a major deregulatory action eliminating unnecessary federal requirements for fuel additives, saving American businesses up to an estimated $10.7 billion over 30 years while preserving existing consumer safety protections.
The action clarifies that fuel additives used to clean engines, improve performance, extend engine life, prevent weather-related effects, or stabilize fuel are not “flammable liquid fuels” under the Portable Fuel Container Safety Act. As a result, manufacturers will not be required to equip containers for these products with costly flame mitigation devices intended for gasoline cans and other portable fuel containers.
The action eliminates an estimated $545.7 million in annual regulatory costs and protects small businesses from disproportionate regulatory burdens. CPSC's economic analysis found that smaller manufacturers, many of which depend heavily on fuel additive sales, would have faced substantial packaging costs if they had to comply with requirements never intended for their products. The action also protects American consumers from unnecessary price increases and preserves access to widely used engine maintenance products.
“This is what meaningful deregulation looks like: eliminating billions of dollars in unnecessary costs while keeping consumer safety protections firmly in place,” said Acting Chairman Peter A. Feldman. “Congress imposed these requirements on fuel containers, not products designed to clean and maintain engines. Washington should not force American businesses to spend billions complying with regulations that were never intended to apply to their products in the first place.”
“President Trump has directed federal agencies to eliminate unnecessary regulatory burdens, and CPSC is delivering. The Supreme Court made clear in Loper Bright that agencies must follow the best reading of the law, not interpretations that expand their regulatory authority. A federal court has already recognized that these additives are not fuel. Today, we're putting that principle into practice, restoring regulatory clarity, and making clear that CPSC will not impose requirements beyond those authorized by Congress.”
The action advances President Trump's Executive Order 14192, “Unleashing Prosperity Through Deregulation,” and reinforces CPSC's commitment to ensuring that federal regulations are grounded in statutory authority, impose no unnecessary costs, and provide clear, predictable requirements for American businesses.
Existing flame mitigation requirements for gasoline cans and other covered portable fuel containers remain unchanged. CPSC has identified no reported flame-jetting incidents involving the fuel additives in containers covered by this action.
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$12 million in Counterfeit Watches Stopped by Indianapolis CBP - USCBP
INDIANAPOLIS — On Oct. 14, U.S. Customs and Border Protection officers at Indianapolis’ express consignment facility intercepted a shipment containing 300 counterfeit Audemars Piguet watches. Had these items been genuine, the shipment would have had a combined manufacturer’s suggested retail price of $12 million.
The shipment from Hong Kong was headed for Illinois when officers pulled the parcel for inspection. The examination revealed 300 watches bearing the suspected Audemars Piguet trademark. The items were deemed to be inauthentic by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and were seized for bearing counterfeit versions of registered and recorded trademarks.
“Proceeds from the sale of counterfeit goods have been found to fund criminal organizations who are often also involved in money laundering, drug trafficking, and other illicit trade,” said Acting Director of Field Operations for the Chicago Field Office, Michael Pfeiffer. “As consumers increasingly purchase from online or third-party vendors, our officers are at the frontline to guard against defrauders expecting to make money selling fake merchandise.”
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 include fake medications, perfumes, cosmetics, children’s toys and costumes, fashion, jewelry, and luxury products, and unsafe electronics and automotive parts, which can pose serious health and safety risks as they are often made with substandard or harmful materials.
CBP data indicates that handbags, wallets, apparel, footwear, watches, jewelry, and consumer electronics are at a higher risk of being counterfeited. Counterfeit versions of popular brands are regularly sold in online marketplaces and flea markets. Not only are counterfeit goods produced in unregulated and potentially exploitative environments in foreign countries, but the profits from their sales provide a funding stream for organized crime.
Counterfeit goods can often be spotted by their inferior quality. Peeling labels, low-quality ink or printing errors on the packaging, and the quality of the packaging can be signs that the product you purchased may not be legitimate. Counterfeit apparel and handbags may feature poor or uneven stitching, be improperly sized, or not exist as a product the designer brand produces at all. The performance of counterfeit electronics is often marked by short battery life and regular overheating.
Furthermore, 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. The Truth Behind Counterfeits public awareness campaign provides information about what CBP is doing every day to protect Americans from potentially harmful counterfeit goods.
Consumers can also take simple steps to protect themselves and their families from counterfeit goods:
• Purchase goods directly from the trademark holder or from authorized retailers.
• When shopping online, read seller reviews and check for a working U.S. phone number and an address that can be used to contact the seller.
• Review CBP’s E-Commerce Counterfeit Awareness Guide for Consumers.
• Remember that if the price of a product seems too good to be true, it probably is.
To report suspected counterfeits, visit CBP’s online e-Allegations portal or call 1-800-BE-ALERT.