Freight Pulse & Law: Jones Act Waiver Tightens, de Minimis Cut Upheld, HM-268 Finalized

Shippers face a narrower Jones Act waiver, continued tariff exposure on low-value imports, and new digital options for hazardous-materials records. Treat August 17 as a compliance reset: not a routine extension.

What changes under the Jones Act waiver?

DHS extended the emergency waiver from August 17 through November 15, 2026, but replaced broad relief with voyage-by-voyage review.

Key requirements include:

• File a Vessel Availability Request before using a foreign-flag vessel between U.S. ports.

• MARAD surveys U.S.-flag capacity; domestic operators generally have roughly 24 hours to respond.

• Obtain authorization before scheduling the foreign-flag voyage.

• Load covered cargo before 11:59 p.m. ET on November 15.

The waiver covers specified energy and fertilizer-related commodities. Confirm eligibility through MARAD domestic shipping resources and the DHS extension analysis.

What did the trade court decide on de minimis?

The U.S. Court of International Trade upheld the elimination of the $800 de minimis tariff exemption in Axle of Dearborn v. Department of Commerce. Low-value imports remain subject to applicable duties, increasing landed-cost and inventory-planning pressure for e-commerce brands.

The IRS also ruled that income from Jones Act waiver voyages does not qualify for standard international shipping exemptions. Foreign operators should review IRS reporting requirements with tax counsel.

What does HM-268 change for Hazmat shippers?

PHMSA’s HM-268 final rules, effective September 3, permit electronic PHMSA registration documents and emergency-response information when immediately accessible. Paper remains acceptable, but digital records must work during inspections and emergencies. Review the Federal Register rule.

What should shippers do now?

Audit commodity classifications, waiver files, tariff assumptions, Hazmat records, and carrier readiness for DOT brake-check inspections and safety blitzes. Lanta Logistics supports outsourced fulfillment services and 3PL fulfillment services through end-to-end transportation, inventory management for ecommerce, and a warehouse management system.

Use FlowOps logistics software for real-time visibility across fulfillment, transportation, and supply chain execution. Contact Lanta Logistics for Mid-Atlantic fulfillment from our food-grade, Hazmat-capable Glen Burnie warehouse — without the documentation gaps that create avoidable cost.)