FMC Proposes Remedies Against Spain Over Port Restrictions
The United States Federal Maritime Commission (FMC) has found that Spain created unfavorable shipping conditions by denying U.S.-flagged vessels access to its ports. The agency is proposing a $200,000 per-voyage fee on Spanish-flagged vessels and possible import restrictions on Spanish goods in five categories: perfumery and cosmetics, oils and fats, ceramics, articles of stone, and sugar and confectionery.
Importers of Spanish olive oil should pay attention. The “oils and fats” category covers all of HTS Chapter 15, including olive oil (HTS 15.09). Wine and spirits are not among the categories listed at this time. The proposed import restrictions represent an unusual and aggressive action by the FMC, but within the broad authority of the agency under various sections of their mandate. Laura DiBella, current Chairman of the FMC, spoke at the Virginia Maritime Association conference this week in Norfolk and when asked about this action stated, “It’s big, it’s new, it’s a game changer.”
Public comments are due 60 days after the October 15 Federal Register publication (approximately December 14), and Spain will be offered a hearing. Members who import Spanish olive oil or other covered goods can reach out to us with questions or to discuss filing comments. We’ll share updates as they develop.
IEEPA Refunds: Next Steps for “Finally” Liquidated Entries
On October 8, Judge Eaton of the Court of International Trade certified a mandatory class certification to cover all importers who paid IEEPA tariffs between February 1, 2025, and February 19, 2026. The ruling covers certification only and is not an order to issue refunds. An appeal by the government is expected but has not been confirmed. The appeal must be filed within 45 days of the October 8 ruling. If you have already filed a lawsuit, you can continue to file and track refunds in the CAPE portal. If you have not filed a lawsuit, refunds are not guaranteed due to the class certification as of yet, thus we recommend you keep track of entries with IEEPA payments that fall into the finally liquidated category. If you have any questions on deadlines for filing and options available, please contact us at any time.
CBP Adds Verification for ACH Refund Changes (CSMS #70162211)
Since October 10, any change to ACH refund information in an importer’s ACE Portal sub-account requires a verification token sent by email, or by text if the user opts in. Other authorized users on the account can also opt in to alert notifications. This builds on the SMS login option CBP added earlier. CBP says detailed steps will come in an updated ACE training guide. Importers who expect to update banking details for refunds should plan for the extra step and make sure the account’s contact information is current.
Canada: Bans and 50% Duties Remain, No Talks Scheduled
The Section 338 measures against Canada are still in force, including the 50% duties and the import bans on packaged U.S. alcohol that took effect September 29. Bulk spirits remain exempt from both the ban and the tariff, while bulk wine may enter but is subject to the 50% duty. No negotiating round has been set and a this point, we have not seen any legal action challenging the Section 338 tariffs. Importers with Canada-bound shipments should confirm whether product is eligible for entry. Should you have any questions on the list of eligible alcohol products, please let us know.
Other Trade Policy Watch
The Section 301 excess-capacity investigation covering 16 economies, including the EU, is still pending with no additional tariffs announced at this time. In the forced-labor Section 301 case at the CIT an additional briefing is due October 16 and we will await further information. Section 301 tariffs will be more challenging to overturn as the defined process was followed, and we are not optimistic that these will be refunded. The Section 122 appeal remains at the Federal Circuit, with a possible hearing in January.
USMCA talks are slow going, with Mexico the more collaborative party at this point. The fourth negotiating round is postponed, with “October” the only timing given, and autos and steel remain the key sticking points. Public comments on the joint review are open until January 12, 2027 (dockets USTR-2026-0595 and -0596).
The Irish whiskey tariff pledge still has no Federal Register notice, so for the time being the tariff must be paid. We will provide an update as soon as there is news and we hope for duty free status in the near future. Scotch took about 12 weeks from announcement to notice, so Irish importers should not expect relief soon.
Ireland: Second Strike Day Set for October 21
The October 14 public-sector strike, the largest since 2009, closed Revenue offices. A second strike day is scheduled for Wednesday, October 21, and the union Fórsa has warned of possible action through the winter. Importers and exporters with Irish shipments should plan customs clearance around October 21 and expect some delay in releases.
Le Havre: Terminal de Normandie Closed by IT Incident
An IT incident has shut the Terminal de Normandie in Le Havre. MSC’s October 15 advisory says the situation is unchanged and the terminal will stay closed on Friday, October 16, unless things improve. MSC says the outage is outside its control and is significantly affecting its operations. No restart date has been given. Shippers with containers arriving at or leaving through Le Havre, particularly on MSC, should expect delays and check for revised shipping dates. Cargo already at the terminal may be held until it reopens.
Rhine Low Water: Barge Service Still at Risk
The Kaub water gauge reads roughly 10 cm as of October 15, far below the 77 cm level where barges run at reasonable loads. Low-water surcharges continue, and barge capacity and transit times remain disrupted. Shippers with cargo moving to or from inland points in the hinterland should allow extra time and budget for surcharges or consider rail or truck alternatives.
Rotterdam: A15 Roadworks, October 16–26
Roadworks on the A15 near Rotterdam run from 9:00 pm on October 16 until 5:00 am on October 26. Expect up to 30–60 minutes of added travel time for trucks to and from the port. Dispatchers should build in extra time for pickups and deliveries. Details and routes are available here. Port congestion continues elsewhere in Northern Europe: yard utilization is about 90% in Bremerhaven and 80–85% in Hamburg. The German port labor settlement is still waiting on formal employer approval.
Global Shipping: Hormuz Attacks Escalate, Panama Transits Up
Attacks on ships in the Strait of Hormuz are the worst since the war began. UKMTO counted 15 attacks from October 6 to 14, 11 of them in the last four days, and Iran sank a Singapore-registered vessel. Oil flows through the strait fell sharply and Brent is about $106, which points to higher bunker costs. Peace talks are stalled. In the Red Sea, carriers are returning to the Suez route, but war-risk insurance is still hard to get. At the Panama Canal, daily transits increased to 33 on October 15.
Upcoming Events
We still have a few spots left for the October 20 PONYNJ Market Briefing and Port Tour! Join terminal officials, CBP, and market experts for WSSA’s annual NYNJ port event and tour. Disruption and customs enforcement acceleration, along with ocean carrier capacity, route changes, and tariff mitigation techniques will be presented and any of your questions on trade will be addressed. For more information, contact info@wssa.com.
LCL Services from France, Italy, and Spain/Portugal – Space available for sailings in the last week of October! 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. All containers continue to run as operating reefers, ensuring your cargo is protected from fall 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!