THE VIGILANT VIGIL – 11TH EDITION
Welcome, visitor, to the Vigil. Here you will find a summation of current global trade changes and regulatory updates. We aim to deliver helpful insights in a timely and relevant manner, to help you remain vigilant in an ever-evolving trade environment.
The Editing Director (T.E.D.)’s Foreword:
Welcome to the eleventh edition of the Vigilant Vigil.
Well… this week has certainly been interesting.
Over the past several months, many of us in the trade community have been cautiously watching the rollout of the CAPE platform and the IEEPA refund process, wondering whether it would become an administrative nightmare, a legal minefield, or perhaps—against all odds—a functioning system.
And in fairness, I think it is important to say this plainly:
CBP deserves some credit here.
The CAPE rollout, overall, has gone better than many expected. Importers are beginning to see refunds arrive, and in some cases very substantial dollars are flowing back into company coffers. For many organizations, that recovery of capital is meaningful and genuinely helpful.
That is good news.
But—as is so often the case in global trade—the story does not end there.
At the same time those refunds are arriving, we are also seeing growing frustration across the industry. Many importers are discovering that significant portions of their filings were rejected because the entries involved ADD/CVD, RECONs, drawback, or other elements reserved for the still-pending Phase 2 process. Others successfully submitted their claims, saw them received into the system… and then promptly watched them disappear into “pending review” status.
And unfortunately, this is where things begin to get messy.
A troubling number of importers submitted CAPE requests without fully auditing the underlying entries first. Now we are seeing the downstream consequences: CF-28s and CF-29s related to incorrect tariff stacking, misapplied Section 232 duties, missing ADD/CVD implications, incorrect HTS classifications, invalid Chapter 99 usage, valuation concerns, and other compliance gaps.
And here is where the real problem begins.
Once many of these claims were submitted into CAPE, importers lost the ability to simply file PSCs to clean things up quickly. In other words, some organizations are now stuck with problematic entries frozen in process, exposed to review, enforcement risk, and potentially years of follow-on activity.
To be candid, this is exactly the scenario many of us feared.
Not because importers acted irresponsibly—but because many compliance teams knew they needed time, resources, audits, and support to properly validate these filings, yet were unable to secure the budget, staffing, or executive urgency necessary to do so. Now those same teams are having difficult conversations with leadership explaining why expected refunds have stalled—or worse, why enforcement issues are emerging instead.
And just as the industry begins digesting all of that, we now have the additional uncertainty surrounding Section 122 tariffs and the recent Court of International Trade rulings questioning their validity.
If those tariffs ultimately fall as well, another massive wave of refund activity may follow.
So let me say this as carefully—and as constructively—as I can:
Please do not treat this as “easy money.”
Before refund projections get socialized to executive leadership… before assumptions are made about cash recovery… before claims are submitted in volume…
Audit the entries. Thoroughly.
Validate the HTS classifications.
Validate the tariff stacking.
Validate origin.
Validate valuation.
Validate ADD/CVD implications.
Validate the Chapter 99 application logic.
Because once these filings move forward, fixing them becomes exponentially more difficult.
At the same time, many brokers are overwhelmed trying to manage PSCs, protests, corrections, and refund support while also navigating the daily realities of an increasingly complex trade environment. Timelines continue ticking while resources remain stretched thin across the industry.
So the message this week is not panic.
And it is not “I told you so.”
It is simply this:
The opportunities here are real. The refunds matter. The recovery of capital can be meaningful.
But reasonable care still matters too.
Perhaps now more than ever.
So have a plan. Build a strategy. Ask hard questions. And if you do not have the internal bandwidth to tackle this properly, seek support—whether from consultants, managed services providers, legal counsel, accounting firms, or other trusted partners.
Because the cost of getting it wrong may far outweigh the urgency of getting it fast.
Let’s stay vigilant.
Jamie Adams, LCB, CCS
Director of Global Compliance Solutions at Vigilant GTS
In this volume, we will explore:
- CSMS updates
- Updates to the Federal Registry, for both policy and product
- Cooperative call outs to other blogs
- Where to find us
- Be sure to check out our weekly edition of Trade Buzz
Let’s veer into it, shall we?
**The following contains links and citations from multiple US government agencies and other credible sources. Vigilant GTS LLC is not the source material but simply compilating the information.**
CSMS Updates
**The following are short summaries of the actual information provided by CSMS. To stay up to date with announcements and news, please subscribe at: https://www.cbp.gov/webform/subscribe-receive-cbp-access-updates **
CSMS # 68577428 – Drawback Transition to the Petroleum, Natural Gas, and Minerals Center
On October 6, 2025, the drawback program and Drawback Specialists were consolidated under the Petroleum, Natural Gas and Minerals Center of Excellence and Expertise (PNGM Center). Effective April 22, 2026, drawback claims transmitted in ACE will be routed directly to the Petroleum, Natural Gas, and Minerals Center for more effective and efficient workload processing.
CSMS # 68577428 – Drawback Transition to the Petroleum, Natural Gas, and Minerals Center
CSMS # 68609998 – Harmonized System Update (HSU) 2610
Harmonized System Update (HSU) 2610 was created on May 7, 2026, and contains two harmonized tariff records and four ABI records.
This HSU contains the Section 232 USMCA-Qualifying Medium-and Heavy-Duty Vehicles (MHDVs) HTS updates
CSMS # 68609998 – Harmonized System Update (HSU) 2610
Federal Register Updates
**These are just a sampling of the many updates and changes made by the Federal Register. For a more comprehensive list, or to subscribe to the updates yourself, follow the link below, and never miss a thing.**
https://www.federalregister.gov
Application for Allowance in Duties
| FR Document: 2026-09215 Citation: 91 FR 25368 |
PDF Pages 25368-25369 (2 pages) Permalink |
| Abstract: The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. | |
Customs-Trade Partnership against Terrorism and Trade Compliance
| FR Document: 2026-09216 Citation: 91 FR 25365 |
PDF Pages 25365-25366 (2 pages) Permalink |
| Abstract: The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. | |
Extension; Country of Origin Marking Requirements for Containers or Holders
| FR Document: 2026-09217 Citation: 91 FR 25366 |
PDF Pages 25366-25367 (2 pages) Permalink |
| Abstract: The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. | |
Scope Rulings
| FR Document: 2026-09319 Citation: 91 FR 25856 |
PDF Pages 25856-25857 (2 pages) Permalink |
| Abstract: The U.S. Department of Commerce (Commerce) hereby publishes a list of scope rulings made during the period January 1, 2026, through March 31, 2026. We intend to publish future lists after the close of the next calendar quarter. | |
Investigations; Determinations, Modifications, and Rulings, etc.:
Non-Oriented Electrical Steel from China, Germany, Japan, South Korea, Sweden, and Taiwan
| FR Document: 2026-09445 Citation: 91 FR 27078 |
PDF Page 27078 (1 page) Permalink |
| Abstract: On the basis of the record [1] developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the countervailing duty orders on non-oriented electrical steel (“NOES”) from China and Taiwan and revocation of the antidumping duty orders on NOES from China, Germany, Japan, South Korea, Sweden, and Taiwan would… | |
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from India, Indonesia, and Laos
| FR Document: 2026-09531 Citation: 91 FR 27078 |
PDF Pages 27078-27081 (4 pages) Permalink |
| Abstract: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-772-774 and 731-TA-1756-1758 (Final) pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of crystalline silicon photovoltaic products from India, Indonesia, and… | |
(From last week) Polytetramethylene Ether Glycol from the People’s Republic of China, the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam; Correction
| FR Document: 2026-09711 Citation: 91 FR 27266 |
PDF Pages 27266-27267 (2 pages) Permalink |
| Abstract: The U.S. Department of Commerce (Commerce) published notice in the Federal Register of May 5, 2026, in which Commerce initiated the less-than-fair-value (LTFV) investigations on polytetramethylene ether glycol (PTMEG) from the People’s Republic of China (China), the Republic of Korea (Korea), Taiwan, and the Socialist Republic of Vietnam (Vietnam). This notice corrects a typographical error with respect to the Harmonized Tariff Schedule of the United States (HTSUS) subheadings in the scope of… | |
News from other esteemed sources:
BAKER/MCKENZIE
US: CIT Invalidates Section 122 Tariffs
May 8, 2026 By Patrick de Lapérouse (US), Eunkyung Kim Shin (US) and Christine Streatfeild (US)
On May 7, 2026, the U.S. Court of International Trade (CIT) issued a decision holding that recent tariffs imposed by the President under Section 122 of the Trade Act of 1974 exceeded statutory authority. The court granted summary judgment in favor of the importer plaintiffs and enjoined enforcement of the challenged tariffs as applied to those parties only. This means…
US: CIT Invalidates Section 122 Tariffs – Global Import Blog
OFAC Continues “Economic Fury” Campaign Against Iran
05/07/2026
On April 28, 2026, the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) took a series of Iran-related actions as part of the Administration’s “Economic Fury” campaign of exerting maximum…
OFAC Continues “Economic Fury” Campaign Against Iran – Global Sanctions and Export Controls Blog
Vigilant Visitation Opportunities
We will be out and about at different trade and compliance related conferences around the country! We would love for you to come to say hello, so we can get to know you better! You can also connect with us at: https://vigilantgts.com/ or through our socials, on Facebook and LinkedIn!
Where we will be:
ICPA Canada Conference, June 7 – 10
Toronto, Ontario Canada
Jamie Adams will be presenting, again, on the importance of US and CA Customs Entry and Broker Audits. The choir will also be singing, and we are looking to increase in number. You do receive a 33% discount for singing with us.
CBP Trade and Cargo Security Summit, (Rescheduled to September, 8-10, 2026)
Dallas, TX
Jamie Adams will be attending sessions and happy to connect with you.
ICPA Global Trade Pathways Conference (Fall), September 13, 2026
Grapevine, TX
Vigilant will be a sponsor and you can visit us at our booth. Jamie Adams will be presenting and leading the choir.
TRADE BUZZ – Powered by Vigilant GTS
Joe Burks has moved on to a new position at a new company, and he has graciously handed the reigns of Trade Buzz to Jamie Adams. We posted a video this week speaking to the risks associated with miscellaneous shipments (such as mailroom). Please follow our blog/video here: The Hidden Risk in Your Mail Room: How We Control Miscellaneous Shipments – Vigilant GTS
Check back with us every Tuesday as we will be publishing new quick topic videos every week.
You can see the library of all our videos on our website at: https://vigilantgts.com/webinars/