Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

USTR published Federal Register notice 2026-11291 on June 5, 2026, opening a public comment period through July 10, 2026 (rebuttals by July 27, 2026) on the scope and operation of a proposed US-China Board of Trade — a standing government-to-government mechanism to manage bilateral trade in non-sensitive goods through reciprocal tariff modifications. The notice flows from commitments made at the May 15-17, 2026 Trump-Xi Beijing Summit and marks the first institutionalised bilateral trade-management architecture between the US and China. The Board of Trade would identify eligible products on each side and agree to modify tariffs on an equal-value basis, with regular meetings to monitor trade flows and update product lists. This is a process-initiation step (notice of inquiry); no tariff change or binding measure is enacted by this notice.

President Trump signed an Executive Order on June 3, 2026 restructuring the entire US customs-entry compliance architecture for global importers. Key provisions impose heightened bonding minimums and domestic-asset requirements for foreign importers of record (IORs), require CAATSA-compliance and supply-chain-disclosure certifications, restrict foreign IORs to formal entry only (creating a de facto US-IOR monopoly on informal entry), establish a "good standing" requirement for IOR eligibility, and sharply curtail CBP's mitigation authority while setting enhanced penalty floors. DHS/CBP is directed to implement penalty-floor, export-documentation, and disposal provisions within 90 days (~September 2026) and the IOR structural reforms within 180 days (~November 2026). The EO is structurally distinct from tariff-rate instruments (Section 232 Proclamations 11021/11032), trade-remedy channels (USTR Section 301), statutory forced-labor enforcement (UFLPA), and targeted-sanctions channels (BIS/OFAC) — it reshapes the foundational compliance architecture through which all goods enter the US market.

A divided three-judge panel of the US Court of International Trade (CIT), in Slip Op. 26-47 (Court Nos. 26-01472 and 26-01606, decided 7 May 2026), held 2-1 that President Trump's Proclamation 11012 — which imposed a temporary 10% ad-valorem import surcharge under Section 122 of the Trade Act of 1974 — exceeded statutory authority because the proclamation did not identify a "fundamental international payments problem" as defined by the 1974 Congress (the balance-of-trade or current-account deficit relied upon by the government is not the type of balance-of-payments deficit the statute contemplates). The court issued a permanent injunction prohibiting CBP from collecting Section 122 duties from the three prevailing plaintiff- importers and ordered refunds with statutory interest for duties already paid; it declined to issue a nationwide injunction. The US Court of Appeals for the Federal Circuit (CAFC) entered an administrative stay of the CIT injunction on 12 May 2026 pending appeal, and the CIT denied the government's own motion to stay its ruling on 20 May 2026; the CAFC appeal is now pending.

The Office of the United States Trade Representative released the 2026 Special 301 Report on 30 April 2026, designating Vietnam as a Priority Foreign Country (PFC) — the most severe category under Section 182 of the Trade Act of 1974 (19 U.S.C. § 2242). This is the first PFC designation since Ukraine held the status from 2013 through 2015, a gap of approximately 11 years. The PFC designation triggers a statutory 30-day window (expiring ~30 May 2026) within which USTR must decide whether to initiate a Section 301 investigation under 19 U.S.C. § 2412(b)(2)(A), which could lead to tariffs, withdrawal of trade benefits, or other Section 301 enforcement remedies against Vietnam. Separately, the EU was added to the Watch List for the first time, citing AI training-data, geographical-indications, and customs-enforcement concerns.

FinCEN issued an amendment to its June 30, 2025 special-measure order (90 FR 27770) that had prohibited US covered financial institutions from transmitting funds to or from CIBanco S.A., a Mexican multiple-banking institution previously designated as of primary money-laundering concern in connection with illicit-opioid trafficking. Effective April 16, 2026, the amendment authorizes transmittals of funds ordinarily incident and necessary for the Government of Mexico to liquidate CIBanco. The carve-out is narrow: the broader §2313a prohibition on US-side correspondent activity with CIBanco remains in force outside the liquidation channel.

The US Bureau of Industry and Security issued a final rule (RIN 0694-AK74, 91 FR 17851, FR doc 2026-06851, signed 7 April 2026, published 9 April 2026, effective 7 April 2026) extending two compliance dates in the January 2025 Foundry Due Diligence (FDD) interim final rule that introduced the "Authorized IC Designer" / "Approved IC Designer" framework for advanced-computing integrated circuits controlled under ECCN 3A090.a. The prior 13 April 2026 cutoff for Authorized IC Designer status — the self-certification pathway available to designers headquartered in Country Group A:1 / A:5 / Taiwan and not parented in Macau or D:5 — is moved to 31 December 2026, and the application window to become an Approved IC Designer is extended to the same date with a subsequent 180-day authorization runway. The rule is a procedural deadline-extension only; it does not change the substantive scope, eligibility criteria, ECCN classifications, or end-use / end-user restrictions of the FDD IFR.

FinCEN issued an expanded Geographic Targeting Order (GTO) requiring money services businesses (MSBs) located in designated counties and ZIP codes across Arizona, California, New Mexico, and Texas to file Currency Transaction Reports (CTRs) on cash transactions between $1,000 and $10,000 — well below the standard $10,000 CTR threshold. The order took effect March 7, 2026 and runs through September 2, 2026; the FR notice (FR Doc. 2026-04641) was published March 10, 2026. The expansion adds Bernalillo, Doña Ana, and San Juan Counties in New Mexico and Maricopa and Pima Counties in Arizona to the geography covered by the prior September 10, 2025 GTO. Compliance date for newly-covered MSBs is April 6, 2026; reports must be filed within 30 days (extended from the standard 15-day CTR deadline). The instrument is part of the post-2024 US enforcement architecture targeting fentanyl-related illicit-finance flows through the US-Mexico border MSB channel.

President Trump signed Executive Order "Ending Certain Tariff Actions" on 20 February 2026 (Federal Register doc 2026-03832, published 25 February 2026), terminating the additional ad-valorem duties imposed under nine prior IEEPA-based executive orders. The order followed within hours of the US Supreme Court's 6-3 decision the same day in Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), holding that the International Emergency Economic Powers Act does not authorize the President to impose tariffs and vacating the Trump 2.0 IEEPA tariff regime. The EO directs CBP to cease collection "as soon as practicable"; CSMS guidance set the collection-end date at 12:00 a.m. eastern on 24 February 2026. The order explicitly preserves all underlying national-emergency declarations and all non-IEEPA trade actions — Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, Section 122 of the Trade Act, and Section 201 — so the Section 232 cascade and the paired Section 122 10% temporary surcharge (effective 24 Feb 2026) remain in force. This is the first SCOTUS-driven repeal of a presidential tariff regime in the modern era and recalibrates the entire post-2024 US tariff architecture by removing IEEPA as a legal pillar.

The Federal Acquisition Regulatory Council (DOD, GSA, and NASA) published a Notice of Proposed Rulemaking on 17 February 2026 (FR Doc 2026-03065, 91 FR 7223) implementing Section 5949(a) of the NDAA FY2023 (Pub. L. 117-263), which bars executive agencies from acquiring electronic products or services containing semiconductor components designed, produced, or provided by SMIC, CXMT, YMTC, or their affiliates. A Part B prohibition extends the restriction to "critical systems" whose subsystems incorporate covered semiconductors regardless of COTS sourcing. The comment period closed 20 April 2026; proposed prohibitions take effect 23 December 2027.

FinCEN issued a Geographic Targeting Order (GTO) under 31 U.S.C. § 5326 requiring banks and money transmitters located in Hennepin and Ramsey Counties, Minnesota (i.e., Minneapolis–St. Paul metro) to file reports with FinCEN on transactions of $3,000 or more where the beneficiary is located outside the United States. The order is effective February 12, 2026 through August 10, 2026 and is paired with a parallel Treasury/IRS audit and enforcement push targeting alleged government-benefits fraud (notably the federal child-nutrition program rings under prosecution in Minnesota since 2022). It is the second high-profile FinCEN GTO of the Trump 2.0 administration after the Southwest-border MSB GTO.