Understanding IEEPA Enforcement Charges for U.S. Imports

The International Emergency Economic Powers Act (IEEPA) is a U.S. trade enforcement regulation that gives U.S. Customs and Border Protection (CBP) the authority to detain, review, or penalize shipments that may not fully comply with U.S. import laws or sanctions.


In recent months, CBP has expanded IEEPA enforcement to include additional compliance screening for certain product types, including low value shipments. When a shipment is flagged under IEEPA review, the customs broker, whether it is the carrier’s brokerage team or an independent licensed broker, is legally required to collect and remit the IEEPA enforcement fee on behalf of the U.S. government. This process applies to all brokers handling U.S. imports.


When IEEPA Applies

IEEPA charges may apply to any shipment entering the United States, regardless of declared value or CUSMA status, when CBP flags the shipment for additional review.


Common triggers include:

  • Goods regulated by FDA, FCC, EPA, or other U.S. agencies, such as food, supplements, cosmetics, electronics, and medical devices

  • Incorrect, incomplete, or vague documentation including HS codes or descriptions

  • Restricted or dual use commodities

  • Random compliance audits under CBP trade enforcement initiatives


CUSMA and IEEPA

A shipment may qualify as duty free under CUSMA or USMCA, but that does not exempt it from IEEPA enforcement.

  • CUSMA eliminates tariffs

  • IEEPA enforces compliance


A shipment can therefore be duty free and still subject to an IEEPA enforcement fee.


Disputability

The IEEPA charge cannot be disputed.


This fee is a mandatory U.S. government assessment. Once CBP applies the enforcement charge and it is transmitted through the carrier’s brokerage system, it cannot be removed, refunded, or adjusted.


Carriers and brokers such as FedEx, UPS, DHL, and others act only as collection agents. They have no authority to cancel or change the fee.


ShipTime also cannot dispute or remove this charge, since it originates directly from CBP enforcement activity.

The only exception is a confirmed administrative error by CBP, such as the fee being applied to the wrong shipment. These cases are extremely rare.


Important: The IEEPA charge is not a courier surcharge or a brokerage adjustment. It is a federal enforcement measure collected on behalf of the U.S. government.


How the IEEPA Charge Appears on Documentation

The IEEPA enforcement charge is linked to the 990 series of HS codes used by CBP to log special trade enforcement actions.


Depending on the broker or carrier, your documentation may display:

  • A reference to a HS code with a 990 or 99 prefix

  • A line item reading U.S. Enforcement, Trade Enforcement Duty, or IEEPA Assessment

  • A customs duty line showing a 35 percent enforcement rate separate from the primary HS code classification


These indicators all refer to the same IEEPA enforcement process, even if the specific 990 sub code such as 9903.88.xx does not appear on your paperwork.


What this means:

  • The fee originates from CBP, not the courier

  • It functions as a separate tariff line within CBP’s system

  • It reflects a compliance review, not a standard import duty


In summary, the “990” classification flags the shipment as having been subject to a U.S. trade enforcement action under IEEPA.


Preventing Future IEEPA Assessments

While there is no way to prevent all IEEPA reviews, strong documentation can significantly reduce the chances of being flagged.


Best practices include:

  • Provide complete commercial invoices with product composition, intended use, accurate HS codes, and manufacturer details

  • Ensure full consignee information including name, address, phone, and email

  • Attach CUSMA certificates for eligible goods

  • Avoid vague descriptions such as samples, beauty items, or equipment

  • Follow ShipTime’s guidelines for accurate product descriptions

  • Keep manufacturer and importer records in case CBP requests them

  • Submit FDA Prior Notice early for all food, supplements, or regulated cosmetic shipments


Timely and accurate Prior Notice is one of the most effective ways to reduce IEEPA related delays for FDA regulated goods.



Quick Reference Summary


TopicExplanation
Who imposes it?U.S. Customs & Border Protection (CBP), under IEEPA authority.
Who collects it?The carrier’s brokerage (e.g., FedEx Trade Networks, UPS Supply Chain).
When does it apply?When CBP flags a shipment for additional review or enforcement.
Does CUSMA exempt it?❌ No. CUSMA covers tariffs, not enforcement or compliance fees.
Is it disputable?❌ No. This charge is non-disputable and mandated by the U.S. government.
Can ShipTime remove it?❌ No. It is a federal enforcement fee collected through the carrier.


Key Takeaway

The IEEPA charge is a non disputable, federally mandated enforcement fee applied by U.S. Customs and Border Protection. It may apply even to duty free shipments and cannot be reversed by ShipTime, the carrier, or the customs broker.


The best way to minimize the risk of IEEPA enforcement is to provide accurate HS codes, complete consignee details, clear product descriptions, and full compliance with U.S. import regulations.


Need Assistance With U.S. Import Compliance

If you need help understanding documentation requirements or preparing your shipment details, you can always contact our Heroic Support™ team. Our bilingual experts are available by phone, live chat, or email Monday to Friday from 8:30 AM to 8 PM EST.