trade news

CES Exam Fee Update, ISPM 15 Hyphen Requirement, Changing Standards for Rice and OJ, ENDS Device Misclassifications, Update to Asbestos Testing Methods  in Cosmetic Products

Alba

December 4, 2025

We’d like to provide you with a roundup of additional news outside of the tariff updates we’ve been providing:

1. Port of New York/Newark Proposed Changes to Centralized Examination Station (CES) Fees

East Coast CES, Inc. has proposed the updated fee schedule listed here:

  • Chassis Usage Fee – From $40.00 to $45.00
  • Facility Fee – From $185.00 to $200.00 per day
  • Storage Fee – From $135.00 per day (over 5 days – $245.00 per day) to $155.00 per day (over 5 days -$278.00 per day)

Comments should be submitted in writing to: U.S. Customs and Border Protection, 1210 Corbin Street Elizabeth, NJ 07201 Attention: Port Director by 4pm on December 18, 2025. In addition, an electronic document should be emailed to: lucille.cirillo@cbp.dhs.gov

2. Suspension of ISPM 15 Hyphen Requirement Ends December 31, 2025

The U.S. Department of Agriculture’s APHIS has announced that the temporary suspension of the ISPM 15 hyphen requirement will end on December 31, 2025. Since March, APHIS and CBP have not taken action against shipments missing the hyphen after the country code; however, full enforcement resumes on January 1, 2026.

Importers and suppliers should take this time to ensure all wood packaging material markings comply with ISPM 15 Annex 2, including the required hyphen, to avoid delays or potential regulatory issues. APHIS encourages stakeholders to review their processes and ensure markings are accurate and compliant ahead of the deadline. For questions, APHIS can be reached at: aphis.planthealth@usda.gov

3. The USDA is changing standards for grades of Orange Juice and Rice

The USDA’s Agricultural Marketing Service (AMS) has updated the U.S. Orange Juice Standards by removing the specific Brix minimums for Grade B pasteurized orange juice and replacing them with a direct reference to FDA’s standard of identity at 21 CFR 146.140(a). This change keeps USDA’s requirements aligned with FDA’s proposed reduction of the minimum Brix level from 10.5° to 10° in response to industry challenges such as citrus greening.

Aligning the standards prevents regulatory inconsistencies—especially for Florida producers—and avoids potential economic and commercial disruption. The revision is effective immediately, with a 60-day comment period for stakeholder feedback. If you would like to comment, you can do so here.

AMS is also seeking public comment on whether the United States Standards for Rough Rice, Brown Rice for Processing, and Milled Rice should be opened for comments and suggestions for revisions.  The U.S. Rice Standards, first established in 1927, have been periodically updated to reflect industry needs, with the most recent revisions in 2009 and earlier significant changes in 2002. These updates ensure that rice quality classifications and grading practices remain consistent, objective, and aligned with current market expectations. USDA’s official grade standards and voluntary grading programs—authorized under the Agricultural Marketing Act of 1946—provide uniform, easily understood quality definitions that support fair marketing. The Rice Standards were last opened for comment in 2015. Since then, rice production, quality assessment methods, and consumer preferences may have changed. If you would like to comment, you can do so here.

4. Misclassified Electronic Nicotine Delivery Systems

The FDA is reminding importers that Electronic Nicotine Delivery Systems (ENDS)—including vapes, e-cigs, pods, and similar devices—are FDA-regulated products and must meet all requirements under the Federal Food, Drug, and Cosmetic Act. FDA has observed instances of ENDS products being misclassified or improperly disclaimed, which bypasses necessary FDA review and may lead to enforcement action. Importers are responsible for accurate, timely entry data in ACE to support proper admissibility decisions, especially for products lacking Premarket Tobacco Authorization (PMTA). FDA urges all parties to verify data accuracy and ensure compliance when submitting ENDS entries.

5. Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products; Withdrawal 

The FDA haswithdrawn its December 2024 proposed rule that would have required manufacturers of talc-containing cosmetic products to test for asbestos contamination and maintain compliance records. The key reasons for withdrawal are:

  • Public Feedback: 49 comments raised concerns about:
    • Unintended impact on consumer products.
    • Inconsistencies with OSHA and EPA definitions.
    • FDA’s statutory authority and legal implications.
  • Technical Complexity: Challenges in standardizing asbestos testing methods.
  • Regulatory Alignment: Need to ensure compliance with the Administrative Procedure Act and broader health priorities.

For its next steps, the FDA will reissue a revised proposed rule under the Modernization of Cosmetics Regulation Act (MoCRA) where the focus will be on clear, standardized testing protocols, and stronger consumer protection against asbestos exposure.

6. Please Renew your FDA Registration for FDA Drug Establishments, FDA Drug Listings, and FDA Medical Device Establishments 

This is a friendly reminder to renew your FDA Registration for FDA Drug Establishments, FDA Drug Listings, and FDA Medical Device Establishments to ensure compliance with U.S. Regulations before the end of the year. The renewal period is currently open, and all registrations must be updated to avoid delays in processing and clearance.

Here is a list of key FDA Renewal Dates for your reference:

FDA Food Facility Registration renewal

FDA Renewal Period: Biennial – October 1st to December 31, every even-numbered year

Next Renewal: Dec 31, 2026

FDA Renewal Validity: Two years – valid up to December 31st of the next even-numbered year

FDA Drug Establishment Registration Renewal

FDA Renewal Period: Annual – October 1st to December 31
Next Renewal: Dec 31, 2025

FDA Renewal Validity: One year – valid up to December 31st of next year

FDA Drug Listing renewal

FDA Renewal Period: Annual – October 1st to December 31

Next Renewal: Dec 31, 2025

FDA Renewal Validity: One year – valid up to December 31st of next year

FDA Self-identification renewal

FDA Renewal Period: Annual – May 1st to June 1st

Next Renewal: Jun 1, 2026

FDA Renewal Validity: One year – right up to May 31st of next year

FDA Medical Device Establishment Registration renewal

FDA Renewal Period: Annual – October 1st to December 31

Next Renewal: Dec 31, 2025

FDA Renewal Validity: One year – valid up to December 31st of next year

FDA DMF Submission renewal (Drug Master File)

FDA Renewal Period: Annual – on the anniversary date of the original submission

FDA Renewal Validity: One year – valid up to the anniversary date

FDA Cosmetic Registration renewal

FDA Renewal Period: Biennial

Next Renewal: Jul 1, 2026

FDA Renewal Validity: Two years

Alba offers guidance and support on all of the above topics. Additionally, talk with us about:

  • HTS & Compliance Check: We can validate your current product classifications to ensure you can benefit from this extension across as much of your product portfolio as possible
  • Post Summary Corrections: If we identify misclassifications where you should have been benefiting, we can investigate and file PSC as appropriate
  • Forward Policy Monitoring: We will continue to monitor trade and regulatory updates, and provide you with additional alerts so you can stay ahead of shifts

Please contact us and we can discuss your specific circumstances.