The White House has announced that the U.S. and China agreed to provide more favorable tariff treatment for approximately $30 billion in bilateral trade.

For U.S. imports, the White House released a list of 77 tariff classifications covering Chinese-origin products that will receive more favorable tariff treatment.

Key Takeaway
Implementation details are still pending:
The specific tariff treatment, effective dates, and implementation procedures have not yet been announced.

For importers:
Review the U.S. list to determine whether any Chinese-origin products you import are included.

For exporters:
China has released its own list covering approximately $30 billion in U.S. exports. U.S. exporters should review the list to determine whether their products are affected.

Recommended Action
Review your current tariff classifications against the newly released lists. No implementation action should be assumed until additional government guidance is issued.

A.N. Deringer will continue monitoring developments and provide updates as more information becomes available.

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued guidance on September 21 clarifying the implementation of Section 232 tariffs on pharmaceuticals and pharmaceutical ingredients under Presidential Proclamation 11020.

The tariffs are scheduled to take effect at 12:01 a.m. ET on September 29, 2026. The new guidance addresses several questions regarding the scope of the tariffs, products eligible for a zero percent Section 232 tariff rate, qualifying countries, and applicable Harmonized Tariff Schedule of the United States (HTSUS) provisions.

Specialty Pharmaceuticals Eligible for a 0% Section 232 Rate

Commerce provided definitions for specialty pharmaceutical products that may qualify for a zero percent Section 232 tariff rate. These include:

-Drugs for which all approved or licensed indications are designated as orphan

-Nuclear medicines

-Plasma-derived therapies

-Fertility drugs

-Cell therapy products

-Gene therapy products

-Antibody-drug conjugates

-Medical countermeasures related to chemical, biological, radiological, and nuclear threats

-Animal healthcare products

Eligible Jurisdictions

Commerce identified the following jurisdictions as eligible for the zero percent Section 232 rate for qualifying specialty pharmaceutical products:

Argentina, Bangladesh, Cambodia, Ecuador, El Salvador, the European Union, Guatemala, India, Indonesia, Japan, Jordan, Malaysia, North Macedonia, the Republic of Korea, Switzerland and Liechtenstein, Taiwan, Thailand, the United Kingdom, and Vietnam.

The impacted HTSUS classifications and countries are detailed in Annexes 1 and 2 of the Federal Register notice.

Additional Clarifications for Importers

The Commerce guidance also addresses several other important issues:

-Urgent U.S. health needs: Companies may request Commerce approval for imports of pharmaceutical products that meet an urgent U.S. health need. Products approved through this process may qualify for the zero percent Section 232 tariff rate.

-Generic pharmaceutical articles: Commerce modified the definition of “generic pharmaceutical articles” to specifically include unpatented animal health products.

-Clinical trials and R&D: A new Chapter 99 provision, HTSUS 9903.04.70, provides a zero percent Section 232 tariff rate for articles solely for use in clinical trials, research and development, or other non-commercial applications.

-Definition of pharmaceutical articles: Commerce clarified that “pharmaceutical articles” covers finished pharmaceutical products, their active pharmaceutical ingredients (APIs), and the key starting materials of those APIs.

-HTSUS 9903.04.69: Commerce clarified that this provision covers articles that are not “pharmaceutical articles,” as well as pharmaceutical articles that are neither patented nor generic.

-Annex IV corrections: Five HTSUS subheadings were removed from Annex IV to address overlaps with Annex I: 2937.23.50, 3002.13.00, 3002.14.00, 3002.15.00, and 3004.49.00.

What Should Importers Do?

With the September 29 effective date approaching, importers of pharmaceuticals, APIs, and related products should review their classifications and supply chains to determine whether their products fall within the affected HTSUS provisions and whether any of the newly clarified zero percent Section 232 tariff provisions may apply.

Importers should pay particular attention to country of origin, product type and intended use, including whether merchandise may qualify as a specialty pharmaceutical product, an article intended solely for clinical trials or R&D, or a product meeting an urgent U.S. health need.

A.N. Deringer will continue to monitor implementation guidance from Commerce and related instructions from U.S. Customs and Border Protection (CBP) and will provide additional updates as they become available.

CAPE Phase 3 opens new refund opportunities for importers.

CBP has provided a significant update on its CAPE (Consolidated Administration and Processing of Entries) program, the mechanism being used to process refunds of IEEPA-related tariffs. According to a September 15 court filing, approximately $122 billion in duty refunds and interest have already been certified and transmitted to the U.S. Treasury for payment, while roughly $134.7 billion in total potential and certified refunds have been accepted for processing.
 
The agency also reported that more than 286,000 CAPE declarations have been submitted since the program launched, covering 27.2 million import entries, demonstrating the scale of importer participation and potential recovery opportunities.
 
Looking ahead, CAPE Phase 3 is scheduled to launch on October 6, 2026. Those Importers of Record who filed a lawsuit in the Court of International Trade prior to July 30, 2026, will be among the first to receive refunds for finally liquidated entries. Additional guidance will be forthcoming for other Importers of Record who may not have filed in the CIT yet or filed after July 30, 2026. We recommend Importers of Record who paid IEEPA duties, but whose entry summaries were finally liquidated and were unable to file CAPE under CAPE 1 or 2, consult with their trade attorney to consider court action if they have not already done so.

U.S. Customs and Border Protection (CBP) is strengthening importer account verification and enforcement requirements. To help ensure uninterrupted importing activity and maintain compliance, we encourage all importers to review the following items before September 18, 2026.

Recommended Actions

1. Register for an ACE Portal Account An ACE Portal account provides direct access to your importer profile, entry information, CBP communications, and refund management tools.

2. Review and Update Your CBP Form 5106 Information Verify that the following information is accurate and current within ACE:

Importer Name

IRS EIN/Tax ID

Physical Address

Contact Email

Phone Number

Failure to maintain accurate importer information could result in delays, account issues, or restrictions on your Importer of Record (IOR) number.

3. Consider the ACE Account Freeze Feature Importers may elect to use the ACE Freeze Program to help prevent unauthorized changes to importer account information.

4. Enroll in ACH Payment and Refund Programs CBP encourages importers to establish ACH Debit or Credit for duty payments and enroll in ACH refunds to streamline payment processing and reimbursement activities.

5. Maintain Compliance and Good Standing Importers should continue to meet all CBP and trade compliance requirements to avoid penalties, shipment delays, or import disruptions.

Important Deadline

📅 September 18, 2026

Review and confirm the accuracy of your CBP Form 5106 importer information.

Helpful Resources

Importer Resource Center

Dawn of a New Enforcement Era 

Access all available guides, dedicated webinar, videos and compliance resources in one location.

If you need assistance establishing an ACE Portal account, updating your importer information, or understanding these requirements, please contact your A.N. Deringer representative, or email CBP at IORProgram@cbp.dhs.gov.

A.N. Deringer, Inc. is advising importers that  50% tariff rate under Section 338 on certain Canadian-origin and USMCA-related goods was imposed at 12:01 AM EST on August 22, 2026.

As a reminder to all of our customers, Deringer cannot control the timing of a shipment's arrival and entry into the United States, therefore importers that may be impacted may wish to take steps to review upcoming shipments, assess duty exposure, and confirm bond sufficiency.

A complete list of impacted materials is available in the Section 338 product listing. Importers may also wish to review Deringer's previous Section 338 Trade Alerts issued on July 24 and August 6, 2026.

We also note Deringer's policy requires duty payment in advance. Electronic payment must be received approximately three days prior to the Customs summary date, which is generally about four days after entry filing.

Failure to provide duty payment before summary processing may result in consequences imposed by U.S. Customs and Border Protection, including:

• Delinquent duty bills and interest charges

• Cargo holds or delays

• Cash payment requirements for future entries

• Additional sanctions or enforcement actions

The additional 50% duty exposure may quickly exhaust existing customs bond amounts for some importers. Deringer recommends that importers review bond sufficiency immediately and determine whether an increased bond amount may be necessary.

Deringer will continue to monitor the trade negotiations between the U.S. and Canada and advise our customers accordingly.

The White House has issued a proclamation delaying the implementation of additional duties established under Proclamations 11046, 11047, and 11048 by three days.

The key change for importers is that the additional ad valorem duties will now become effective at 12:01 a.m. ET on August 22, 2026, instead of August 19, 2026. The proclamations have been amended accordingly.

The duties relate to ongoing trade actions involving Canadian alcoholic beverages, dairy products, and motor vehicles. The Administration stated that the temporary suspension reflects ongoing negotiations with Canada and Canada's commitment to address the issues underlying the announced duties.

A.N. Deringer will continue to monitor developments and provide updates as additional guidance becomes available.

A.N. Deringer, Inc. is advising importers to prepare for the implementation of a 50% tariff under Section 338 on certain Canadian-origin and USMCA-related goods. Importers that may be impacted should take immediate steps to review upcoming shipments, assess duty exposure, and confirm bond sufficiency.

A complete list of impacted materials is available in the Section 338 product listing. Importers may also wish to review Deringer’s previous Section 338 Trade Alerts issued on July 24 and August 6, 2026.

Recommended Actions for Importers

1. Review Shipment Timing

Where possible, importers should work closely with their carriers and transportation providers to ensure affected shipments cross the U.S. border before 12:01 a.m. EST on August 19, 2026.

Because Deringer cannot control the timing of a shipment’s arrival and entry into the United States, customers should proactively verify crossing schedules directly with their carriers.

2. Prepare for Advance Duty Payment Requirements

For shipments crossing on or after August 19, 2026, Deringer’s policy will require duty payment in advance. Electronic payment must be received approximately three days prior to the Customs summary date, which is generally about four days after entry filing.

Failure to provide duty payment before summary processing may result in consequences imposed by U.S. Customs and Border Protection, including:

-Delinquent duty bills and interest charges

-Cargo holds or delays

-Cash payment requirements for future entries

-Additional sanctions or enforcement actions

3. Evaluate Customs Bond Sufficiency

The additional 50% duty exposure could quickly exhaust existing customs bond amounts for some importers. Deringer recommends that importers review bond sufficiency immediately and determine whether an increased bond amount may be necessary.

Because bond increases may take time to process, customers should begin this review as soon as possible to avoid disruptions to future shipments.

If your imports appear on the list of products covered by the proposed tariff increase, scheduled for August 19, now is the time to review upcoming shipments and assess potential exposure. The proposal could significantly increase duty costs on affected goods, making advance planning critical.

Review the list of affected classifications to determine whether your imports may be impacted. If they are, consider whether shipments can enter the United States before August 19, when the proposed measures are scheduled to take effect.

Check the classification list here: Tariff Code Annex
You can also access our recent webinar recording and our Trade Landscape Page for additional tariff resources and timely information.

With increased import activity anticipated ahead of the deadline, delays at northern border crossings may occur. Importers should allow extra time for shipping and customs clearance and work closely with their logistics providers to develop contingency plans.