Member Briefing October 12, 2026

Posted By: Harold King Daily Briefing,

Federal Court Clears Way For Class-Action Suit Against IEEPA Tariffs

The U.S. Court of International Trade will allow importers to pursue a class-action lawsuit against now-defunct U.S. tariffs, potentially paving the way for a broader range of businesses to obtain refunds. In a slip order issued Thursday, the court certified a class of importers who paid tariffs installed under the International Emergency Economic Powers Act between Feb. 1, 2025, and Feb. 19, 2026, excluding those who have filed separate lawsuits. To date, more than 4,000 such suits have been filed, per the order.

“Today, the court is certifying a class in the hope, and expectation, that this certification will lead to the liquidation or reliquidation of all of the entries on which the unlawful IEEPA duties were imposed, and the refund of those duties to the importers of record that paid them,” the order says.  Despite the order, there remain several more legal hurdles before the court could issue a sweeping refund directive for all class members. The court scheduled a closed conference for Oct. 13 with the parties involved in the case while setting an Oct. 22 deadline for proposed scheduling for additional filings required in the class-action suit.

Read more at Supply Chain Dive

Consumer Sentiment Falls To 5-Month Low As Frustration Mounts Over Higher Costs

Consumer sentiment fell to 46.3 in October's initial print, vs. 48.0 consensus and 48.1 prior, according to preliminary data released by the University of Michigan Survey of Consumers on Friday. "While year-ahead expectations for personal finances and business conditions crept up slightly, buying conditions for durables plummeted amid high prices and borrowing costs," said Surveys of Consumers Director Joanne Hsu."Increases in sentiment among Democrats and Republicans were offset by a decline among independents this month. Overall, sentiment for lower-income consumers and those with smaller stock porfolios dropped steeply this month, groups that have fewer resources to weather increases in prices," said Hsu.

  • Current economic conditions: 44.7 vs. 50.9 in the prior month.
  • Consumer expectations: 47.3 vs. 46.3 in September.
  • One-year inflation expectations stood at +4.7% vs. +4.6% in September. The current reading substantially exceeds the 3.4% seen in February before the Iran conflict began, along with all 2024 readings.
  • Five-year implied inflation was +3.5% vs. +3.4% prior, notably higher than their 2024 range of 2.8% to 3.2%.

Read more at Yahoo Finance

Small Manufacturer Takes Tax Reform Case to Congress

One small manufacturer gave voice to what thousands of other companies have been saying since the landmark tax law last summer: stable, pro-growth tax policies help make investments in workforce, research, facilities and equipment possible. Alex Grover, CEO and owner of flexible polymer film manufacturer i2M, appeared before the Ways and Means Committee to detail what the tax law has done for her own firm and employees. Grover cited many pro-manufacturing tax provisions made permanent in the 2025 law, pointing out that they have helped the company invest in R&D, hire more workers and even build a new facility.

  • Immediate expensing for R&D, made permanent in H.R. 1, is helping the company develop new products and create more sustainable and recyclable plastics, meeting customers’ demands for environmentally friendly products.
  • Meanwhile, the immediate facility expensing will help i2M fund its newest addition: a 130,000 square foot expansion slated for 2027.
  • And thanks to immediate expensing for equipment, the company will be able to fill that space with new machinery.
  • Last, Grover cited the pass-through deduction and the estate-tax exemption, also made permanent in 2025, which help companies like i2M remain family-owned and “keep investing in United States manufacturing.”
  • Big investments: Thanks to the 2025 tax law, i2M was able to make “a $63 million in new investment onshoring critical production components,” which will also allow it to hire 40 more workers.

Watch Her Testimony At NAM

Iran and the Middle East

Ukraine

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Over 150 New Military Programs Face Delay Under A Continuing Resolution

The federal government rang in a new fiscal year on October 1st, and, as has been the norm for years, the government will now be operating under a continuing resolution (CR). And if there’s one thing military leaders like to remind everyone about, at every opportunity, it’s that a CR means the Pentagon cannot begin funding new programs, also known as “new starts,” at a time when the department is pursuing novel technologies.

Across RDT&E and procurement accounts, roughly 100 Air Force new start programs are affected by the CR. Many of these programs are relatively small efforts, like incorporating new communications equipment or post-production modifications to weapon systems. But some of the service’s top priorities are also at risk, including its two major hypersonic efforts. A hypersonic glide weapon known as the ARRW was slated to begin a new round of research for a second “increment” in FY27, alongside another effort to develop an air-launched ballistic missile, according to budget documents. Those projects will be stalled, as will plans to begin buying a separate hypersonic cruise missile dubbed HACM.

Read more at Breaking Defense

HV Building Trades Council Pulls Support of DSA Assemblywoman Shrestha over New Nuclear, Takeover of Central Hudson

The Hudson Valley Building & Construction Trades Council has pulled its support for Democrat Socialist Sarahana Shrestha (D-Kingston) citing her opposition to new nuclear power plants being constructed in New York State as well as her efforts to ‘municipalize’ Central Hudson Gas & Electric. “Assemblywoman Shrestha … recently opposed the build-out of nuclear energy in New York. HVBCTC cannot support that position. Nuclear energy projects create union jobs and a more reliable energy grid for New Yorkers."

The council also cited her push to take over Central Hudson, after talks with IBEW Local 320, which represents the utility's workers. Her takeover bill directs the new authority to pursue 100% renewable electricity by 2040 and orders a study to phase out the gas system serving about 90,000 Hudson Valley homes and businesses. Her bill only covers Central Hudson territory. She's been pitching it in Manhattan, Brooklyn and Rochester, alongside NYC Council Member Chi Ossé, to Con Ed, National Grid and RG&E customers. She's said it's about more than the Hudson Valley, telling "Pod Damn America" in March: "If it happens here, that is definitely going to result in a domino effect."

Read more at Mid-Hudson News

Hochul Opts New York Into Trump-Backed School Voucher Plan

Gov. Kathy Hochul announced Friday New York will opt in to the Trump administration’s “school choice” program despite opposition from teachers unions, who fear it will divert money from public schools. The governor’s decision clears the way for New York taxpayers to receive a tax credit for donating to educational groups that offer scholarships. Similar programs have primarily supported private schools, although officials in the governor’s office said this credit will support families attending public or private schools.

Under the program, individuals can get reimbursed up to $1,700, and married couples filing jointly can get reimbursed up to $3,400 for donations made to “scholarship granting organizations.” Those organizations can then give scholarships to students to attend private or religious schools or for educational services, including tutoring and after-school programs. Families making up to 300% of the area median income are eligible. The decision comes after the state’s legislative leaders and top unions backing Hochul’s re-election campaign urged her to opt out of the federal program. Teachers unions have said the program will end up diverting families and funds from public schools.

Read more at Gothamist

November Election Headlines

More Policy and Politics Headlines

T-Cell Research Reveals Paths To Better Vaccines For COVID-19 And Beyond

Two people infected with the same strain of COVID-19 can have vastly different experiences. One might never even sniffle, and the other might end up on a ventilator. But why? Since the start of the COVID-19 pandemic, researchers have been trying to figure out why someone develops a mild or severe case. One way to do that is by looking at T cells, which are white blood cells that mount an immune response—and specifically CD8+ T cells, "killer" T cells that have been shown to effectively fight back against COVID-19 infections.

Moriya Tsuji, a professor at the Texas A&M University School of Engineering Medicine, said one important factor is a group of genes called human leukocyte antigens (HLAs). These genes help determine how the immune system recognizes pieces of a virus and activates T cells, and different people carry different HLA types. Understanding what causes differences in immune responses can guide treatment for people with COVID infections and lead to vaccines that spur long-lasting, durable responses.

Read more at Medical Express

Upcoming Council Programs

Events

Annual Luncheon and Expo - Friday November 20, 11:00 AM - 2:00 PM. The Grandview, Poughkeepsie.

Insight Exchange - On Demand Webinars

The Orange County Foreign Trade Zone (FTZ): Duty Elimination, Reduction Deferral - Presented by Steve Gross, Orange County Economic Development

C3POA - Key Perpectives on your CMMC Compiance Journey - Presented by Nick DeLena, PKF O'Connor Davies.

CMMC for Legacy Equipment: Securing Specialized Assets with Zero Trust Micro-Enclaves - Presented by Marc Hoover, Trout Software.

See previous episodes here!

Training

LAST CHANCE TO REGISTER! Lean Six Sigma Yellow Belt, In Person at DCC Fishkill.  October 13, 14, and 15. 8:30 - 4:30.

Effective Business Communication, (A CML Course) October 21, 8:30 - 4:30. SUNY Orange Newburgh.

Making a Profit in Manufacturing, (A CML Course) October 28, 8:30 - 4:30. SUNY Orange Newburgh.

Lean Overview and Simulation, (A CML Course) November 19, 8:30 - 4:30. SUNY Orange Newburgh.

Risk Management: Enviroment Health and Safety, (A CML Course) November 19, 8:30 - 4:30. SUNY Orange Newburgh.

Strategies for Motivation, Coaching and Managing Difficult People, (A CML Course) November 19, 8:30 - 4:30. SUNY Orange Newburgh.

Trade Wars

GlobalFoundries To Make Key AI Chip Component For TSMC In $2 Billion Deal

GlobalFoundries on Thursday said it ​has reached a $2 billion agreement to make ‌a key component used to link AI processors and memory chips for TSMC at its ​New York facility. Known as a silicon ​interposer, the component sits beneath processors ⁠and memory chips inside advanced AI packages ​and enables them to communicate at high ​speeds. Under the five-year agreement, GlobalFoundries will expand manufacturing capacity at its Malta, New York, facility to ​produce the components for TSMC.

The Malta ​facility is expected to become the first US-based ‌source ⁠of silicon interposers used in advanced chip-packaging technologies, the company said. The ​deal provides ​a framework ⁠for future capacity expansion as demand for advanced packaging grows, ​with volume production expected to begin ​ramping ⁠up in the first half of 2028. Advanced packaging has become a major constraint on ⁠AI ​chip production, as demand ​for the technology exceeds available manufacturing capacity

Read more at Reuters

Samsung Q3 Profit Jumps Nearly 9 Times To $80bn In AI Chip Boom

Samsung Electronics on Thursday projected its quarterly ​profit would top 100 trillion won, a world first for a technology company, estimating a nearly nine-fold jump in third-quarter ‌earnings as booming demand for AI chips drove strong memory sales. The world's largest memory chipmaker estimated an operating profit of 107.4 trillion won ($80.17 billion) for the July-September period, slightly ahead of an LSEG Smart Estimate of 106.1 trillion won. The forecast marks Samsung's fourth straight quarter of record operating profit, underscoring a deepening global memory chip shortage as AI infrastructure investment ​outpaces supply growth, which has driven chip prices up sharply.

Samsung and Micron expect the imbalance to persist into 2028, although Chinese competition and ​a potential slowdown in AI spending pose risks to the longer-term earnings outlook. Market research firm TrendForce expects conventional DRAM contract prices to rise 10% ​to 15% in the fourth quarter from the preceding quarter, much slower than a second-quarter surge of roughly 60%.

Read more at Reuters

As Cross-Border Shipping Gets More Complex, Trade Fraud Is Becoming a Supply Chain Problem

In 2024, U.S. imports from Mexico totaled about $503.1 billion, while imports from China totaled about $440.3 billion, according to the U.S. Census Bureau. Goods can move through multiple countries, ports, carriers and intermediaries before reaching their final destination. Canada provides a concrete example of this complexity: Statistics Canada found that more than 40% of Canadian imports originating in Mexico were shipped to Canada from the United States, while more than 25% of Canadian imports originating in China were first imported into the United States. In other words, the country where a product originates and the country from which it enters a market are not always the same.

For logistics leaders, these changes create an important question: Are we still treating trade fraud as primarily a compliance problem, when it has become an end-to-end supply chain problem? Most compliance processes have been designed around reviewing specific documents, transactions or rules. That approach remains necessary. But it becomes less effective when risk is distributed across multiple data points. Consider a shipment where the commercial invoice looks reasonable. The declared value falls within an expected range. The HS code appears valid. The tracking number exists.

Read more at Material Handling & Logistics

Wolfspeed Signs $1.5B DOD Loan For Semiconductor Production, R&D

Semiconductor manufacturer Wolfspeed has signed a $1.5 billion unconditional loan agreement with the Defense Department’s Office of Strategic Capital, the North Carolina-based company announced Wednesday. Wolfspeed plans to use the funds to upgrade its gallium nitride epitaxy capabilities for new communications infrastructure and electronic warfare systems, according to the press release. The money will also enable the wafer maker to develop ionizing radiation-resistant capabilities for its silicon carbide and future gallium nitride products. Additionally, Wolfspeed will be able to establish, expand and/or onshore low-voltage and high-voltage power device production capabilities.

The proposed loan will build on Wolfspeed’s silicon-carbide technology, intellectual property and manufacturing footprint at its facilities in North Carolina, New York and Arkansas, according to the release.  The plans include additional volume at Wolfspeed’s Mohawk Valley Fab in Marcy, New York, and its Research Triangle Park location in Durham, North Carolina, Brad Kohn, Wolfspeed’s EVP chief legal and global affairs officer, said in an emailed statement.

Read more at Manufacturing Dive

Raytheon to Start Producing New Interceptor Missiles

The U.S. Missile Defense Agency placed an eight-year contract with a potential total value of $6.3 billion with Raytheon Corp., to manufacture and assemble complete Standard Missile-3 Block IB interceptor "all-up-rounds" - meaning fully built, integrated missiles ready to be loaded into launchers. The multi-year award is designed to lock in the manufacturing capacity over an extended period, allowing Raytheon to begin work and incur costs before final contract terms and pricing are fully negotiated. But, as an undefinitized contract it does not establish delivery totals or schedules.

The SM-3 Block IB is an outer-atmosphere, “hit-to-kill” missile used for ship- or shore-launched response to incoming ballistic threats, mainly from Aegis-equipped warships and Aegis onshore sites. Although the Standard Missile-3 Block IB is based on the previous SM-3 Block IA, with the same structural dimensions and baseline performance metrics, the new version has upgraded seeker technology, maneuverability, and target discrimination capabilities. The SM-3 uses an advanced two-color infrared seeker and a throttleable divert and attitude control system (TDACS) to crash directly into and destroy incoming short- to intermediate-range ballistic missiles outside Earth's atmosphere.

Read more at American Machinist  

Schneider Electric to Acquire Industrial Software Maker PTC

Schneider Electric has signed an agreement to acquire PTC for approximately $22.6 billion. The deal is intended to create a unified industrial software and AI franchise by combining Schneider Electric’s energy and industrial expertise with PTC’s industrial software and intelligence platform. PTC serves more than 30,000 customers with computer-aided design, product lifecycle management, application lifecycle management and service lifecycle management capabilities.

“Joining Schneider Electric is an incredible opportunity to elevate the scope and impact of what we deliver for our customers globally,” said Neil Barua, president and CEO of PTC, in an October press release. “We gain substantial scale and resources to accelerate innovation, advance our Intelligent Product Lifecycle vision, and expand our business into more geographies and end markets to serve more customers.”

Read more at Plant Services

Grain Management Announces Definitive Agreement to Sell Nationwide 800 MHz Spectrum Portfolio to SpaceX

Grain Management, LLC, a leading global investment firm specializing in digital infrastructure, today announced a definitive agreement under which SpaceX will acquire 100% of Grain's nationwide 800 MHz spectrum portfolio. The transaction is subject to FCC approval and other customary closing conditions. BDT & MSD Partners served as financial advisor to Grain. Milbank served as legal counsel, and Latham & Watkins served as regulatory counsel.

The agreement utilizes scarce low-band spectrum to support next-generation satellite direct-to-device ("D2D") services, enabling Starlink Mobile to reach customers from both the ground and space. The transaction demonstrates the firm's ability to bring specialized capabilities, capital, and execution to opportunities that can reshape communications at national scale. "Spectrum is a finite resource with an expanding role in the economy," Grain said in a press release. "As terrestrial and space-based networks converge, we see a new horizon globally for our spectrum strategy, building on our experience to address larger industry challenges and help shape the next generation of connectivity."

Read more at PR Newswire

Electric Big Rigs Struggle to Compete, Even With Diesel at $8 a Gallon

Truckers in California are asking the Ports of Los Angeles and Long Beach to subsidize the high costs of owning and operating zero-emission big rigs. Drivers of electric-powered rigs say they can’t compete with diesel-powered rivals even as fuel prices surge to record highs. Diesel hit a national average record of $6.528 a gallon in September, according to energy pricing specialists OPIS. In California, which has the highest fuel prices in the nation, it set a new high on Sept. 22 of $8.439.

The ports are considering paying truckers $60 each time they pick up or drop off containers with a zero-emission vehicle, up to a maximum $36,000 per truck per year, over the next three years. The boards of the two ports are expected to vote on the proposal in the coming months. California already offers generous grants to truckers to offset some of the higher costs of zero-emission vehicles that can run three times more than diesel rigs. Carriers say they also face bigger bills for charging infrastructure and higher operating costs related to financing, insuring and running trucks.

Read more at The WSJ

Daily Market Update – October 9, 2026

Henry Hub Natural Gas is $3.22 per MMBtu. WTI Crude Oil is $91.85 per barrel, Brent Crude Oil is $104.72 per barrel.

Read more at Oil Price

Learn more about the Council of Industry Energy Buying Group

Quote of the Day

“Many people will walk in and out of your life, but only true friends will leave footprints in your heart”

Eleanor Roosevelt - Former First Lady of the United States who was born on this day in 1884.

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