IEEPA CAPE Phase 1 Update: On Tuesday as scheduled, CBP filed its latest declaration on progress in the CAPE refund process. To date, 157,402 CAPE declarations have been submitted, with 108,760 passing file validation—a validation rate of just over 69%. CBP also reported that approximately $85 billion in potential and certified refunds have been accepted for processing through CAPE, with roughly $20.6 billion already transmitted to the Treasury Department for payment. Given CBP’s estimate that it collected $166 billion in IEEPA duties, refund claims have now been accepted for more than half of that amount, while refunds paid represent more than 12% of total collections.

IEEPA Cape Phase 2 Call to Action: As we reported yesterday, Liberty Justice Center and its plaintiffs in VOS Selections v. Trump participated in a regularly scheduled status conference with Judge Eaton, CBP, and the DOJ regarding Phase 2 of the IEEPA refund process. Rather than requiring CBP and DOJ to present a Phase 2 refund plan at the conference, Judge Eaton ordered the parties and CBP Commissioner Rodney Scott to appear for a hearing on June 9 at 1:30 p.m. EDT before the Court of International Trade. The hearing will focus on how Phase 2 entries, including entries in post-liquidation status, will be refunded. The government is expected to argue that it may lack either the obligation or ability to process refunds for certain post-liquidation entries; Liberty Justice Center and the plaintiffs disagree and maintain that all unlawfully collected IEEPA tariffs must be refunded, regardless of when they were paid. In preparation for the hearing, Liberty Justice Center is seeking businesses that are importers of record, paid the tariffs directly, have final-liquidated entries that were not eligible for Phase 1 refunds, and are willing to be identified in a public court filing. Businesses meeting these criteria are encouraged to make contact as soon as possible. We also suggest you keep track of entries that are getting close to the 180 post-liquidation date and review the option to file protective protests for these entries.

FMC Cracks Down on OSRA Violations: OSRA was originally enacted to protect the interests of importers, exporters, brokers and truckers from unfair detention and demurrage billing practices by SSLs. Recently, The Federal Maritime Commission (FMC) reached a settlement with Maersk A/S, resulting in a $1.9 million civil penalty over allegations that the carrier improperly assessed detention charges against third parties that were not bound by Maersk’s bills of lading, service contracts, or tariff terms. As part of the agreement, Maersk will discontinue the practice, revise its U.S. tariff rules to align with FMC regulations, and provide refunds or waivers to affected parties. While Maersk agreed to the settlement and penalty, it did not admit any violation of the Shipping Act or FMC regulations.

Transatlantic Service Disruptions: The Ocean/Premier Alliance schedule reliability remains problematic, with multiple blank sailings scheduled for USA routes over the next six weeks creating delays and rollings for European cargo. All carriers are reporting heavy bookings and full vessels through mid-July so plan ahead as much as possible. WSSA has contracts with all carriers, so please reach out to us if you have any questions or specific needs.

Upcoming Winter Weather in Chile: Please be advised that the winter season in Chile officially begins on June 1st, bringing changes to operations at the Los Libertadores International Pass, which primarily affect shipments to and from Argentina. As regular shippers from Argentina are well aware, temporary border closures due to adverse weather conditions are common during the winter months. To avoid delays, we strongly recommend booking shipments well in advance, as transit times and response capabilities may be affected compared to the summer season.

Rail Disruption in Spain: Infrastructure work on the rail network serving the Port of Barcelona is reducing train frequency, especially on the Barcelona–Zaragoza corridor, leading to longer and less reliable transit times. Container deliveries to port terminals may be delayed, increasing the risk of missed vessel cut-offs and storage costs. Customers should consider all-motor transport until rail service stabilizes.

Tariff Landscape Update: Following the Court of International Trade’s ruling that the Administration’s IEEPA tariffs are unlawful, the Trump Administration promptly appealed to the U.S. Court of Appeals for the Federal Circuit. The appellate court has agreed to hear the case on an expedited basis and temporarily stayed the injunction, meaning importers must continue paying the tariffs while the litigation proceeds. Although no immediate action is required, importers should continue monitoring developments as the potential for future refunds remains uncertain. Meanwhile, the Administration is advancing Section 301 investigations into structural excess capacity across 16 economies, and officials have indicated that new tariffs could be announced in the coming weeks, potentially serving as an alternative legal basis for duties if the IEEPA tariffs are ultimately struck down. Industry stakeholders and public commenters have generally advocated for a more targeted approach, particularly with respect to China, while former trade officials have suggested that any future tariff measures may be narrowed to avoid disrupting critical supply chains or products not readily available from U.S. sources. Separately, recent revisions to Section 232 measures modified steel and aluminum tariff coverage and valuation methodologies, including the removal of aluminum can tariffs on imported beer, though those products remain subject to the 10% Section 122 tariff. Industry groups continue to challenge and oppose these tariff actions, and developments in these areas remain ongoing.

LCL Services from France, Italy, and Spain/Portugal – SUMMER UPDATE! Bi-monthly departures continue from each of these countries for your small shipments, offering a per case rate from point of pick up to the Alba Wine and Spirits warehouse in Edison New Jersey. For the summer months, all containers will be temperature controlled insuring your cargo is protected from summer heat. Shipments from other European countries can be added into the mix, with pick-ups offered in most European countries. Please let us know if you need any further information!