The Federal Maritime Commission (FMC) said in a statement Dec. 19 that it continues to investigate the regulations or practices imposed by the Government of Spain, which directly or indirectly deny certain vessels access to its ports. Vessels denied access in the past include U.S.-flagged vessels operated under the U.S. Maritime Security Program.

“Information from multiple sources obtained during the initial stage of this investigation confirmed reports that Spain directly barred at least three U.S. flagged vessels in November 2024 and that the policy behind those refusals remains in place. To assess the ongoing situation and its impact on U.S. foreign commerce, the Commission now seeks additional information from common carriers, shippers, and other interested stakeholders about Spain’s current policy of denying or refusing port access to certain vessels carrying cargo bound for or coming from Israel, actions it has taken to enforce that policy, and the impact on conditions in shipping for U.S. foreign trade,” the FMC said.

Based on the information obtained up to this point, it appears that the laws or regulations adopted, followed, or enforced by Spain are likely creating general or special conditions unfavorable to shipping in U.S. foreign trade. Accordingly, the Commission must also examine, and now seeks public input on, what remedial actions may be appropriate to meet or adjust those apparent conditions.

The FMC said it will weigh a “range of potential remedies,” including limitations on cargo, refusing entry to vessels operating under Spain’s flag, or imposing fines up to the current inflation-adjusted limit of $2,304,629 per voyage on Spanish-flagged vessels. The FMC added that it will “carefully evaluate the evidence and all appropriate considerations.”

NOAA Confirms MMPA Enforcement Begins Jan 1

National Oceanic and Atmospheric Administration (NOAA) Fisheries (also known as National Marine Fisheries Service) confirmed in recent webinars that the Certificate of Admissibility (COA) requirements under the Marine Mammal Protection Act (MMPA) will be required for certain seafood shipments from certain countries with restricted fisheries. There will not be a transition period of soft enforcement, despite the complexity of this new requirement and the confusion surrounding it.

The purpose of the COA is to certify that the shipment was not harvested in a restricted fishery. NOAA identified the restricted fisheries based on target species, area of operation and the gear type used.

NOAA provided the example of yellow-fin tuna from Ecuador. One Ecuadorean fishery uses long-pole gear to catch the tuna, while the other fishery uses gill-net gear (a violation of MMPA). Without the COA, there is no way for Customs and Border Protection (CBP) or NOAA to know whether tuna from Ecuador can enter the U.S. Therefore, NOAA will use the COA from the Ecuadorean official to make that determination.

NOAA Fisheries further informed the trade that:

• The need for a COA is triggered by the combination of an HTS code and Country of Origin (not the country of harvest). NOAA has provided a list to download.

• The COA must be signed by a designated official in either the country of harvest or the country of origin.

• The COA must also be signed by the U.S. importer. This can be the U.S. Importer of Record, the U.S. consignee, or the U.S. customs broker (with a POA) for a non-resident IOR. The importer is attesting that to the best of their ability, the COA info is correct.

• NOAA acknowledges that the HTS number provided by the foreign exporter may not be a complete or correct 10-digit subheading. The importer and customs broker must continue to use reasonable care to provide the correct classification on the entry. NOAA will not require the HTS in the COA to match exactly the correct HTS on the entry filed with CBP.

• The COA signed by the foreign official must be uploaded at entry or the entry will be rejected.

• A completed COA signed by both the designated foreign official and the U.S. importer, consignee or customs broker (as POA agent) must ultimately be uploaded in DIS. NOAA says they do not require two uploads (as the COA instructions say) but do say they want a completed COA.

• Multiple COAs may be required if the shipment contains more than one targeted species. For example, a shipment with shrimp from Indonesia and Mackerel from Vietnam will require two COAs.

• A COA can be obtained/signed by the government official even after the shipment has departed from the foreign country or arrived in the U.S.

• NOAA Fisheries has published a list of the designated official for many of the countries.

CBP Collects $200 billion in Tariff Revenue for 2025

Customs and Border Protection (CBP) announced Dec. 16 that between Jan. 20 and Dec. 15, 2025, it had collected more than $200 billion in tariffs due to more than 40 executive orders put in place by the Trump Administration.

To enforce its tariff revenue collections, CBP uses data analytics tools to uncover tariff evasion schemes, including undervaluation, misclassification, transshipment, antidumping and countervailing duty violations, illegitimate shell companies, and “double dipping” by claiming more than one tariff exemption to avoid paying revenue owed to the government.

So far, CBP has uncovered and addressed tariff-evasion schemes by:

• Assessing approximately $2.6 billion in AD/CVD duties owed to the government, which are tariffs designed to counter unfair trade practices, such as selling goods below market value (dumping) or subsidizing exports;

• Identifying new evasion schemes, like an importer of iron, steel, and aluminum who claimed both Section 232 and Reciprocal Tariff exemptions to deprive the government of $100 million;

• Issuing 63 debarment actions against irresponsible parties for failing to pay debts, including tariffs, taxes, and fees, to the U.S. Government; and

Investigating nearly 1,200 revenue-focused e-Allegations from the trade community to ensure a level playing field for law-abiding U.S. businesses.