After the Midterms: Dec 11 Shutdown Risk for US Imports

Federal stopgap funding runs through Friday, December 11, 2026. If new funding is still pending when the stopgap expires, a lapse could begin December 12 US Eastern time. For importers, the shipments to flag now are containers already waiting on an agency release and inbound cargo that may still be in review when the deadline passes.

During the October 2025 shutdown, US Customs and Border Protection (CBP) kept processing entries. Cargo that needed a separate agency review could still face delays. A hold that prevents pickup can put a container at risk of demurrage, depending on how the carrier or terminal counts free time. If the lapse affects the Federal Maritime Commission (FMC), its complaint and dispute-resolution services could also pause.

The Funding Deadline After the Midterms

The continuing resolution signed on September 2 set the December 11 deadline. The Associated Press called Democratic control of the Senate on November 3 and the House early November 4, both US Eastern time. The new congressional terms begin January 3, 2027, so the outgoing Congress faces the next funding deadline.

In 2018, Democrats won the House and a partial shutdown ran from December 22 to January 25, 2019, across two Congresses. This year, House appropriations subcommittee chair Rep. Mike Simpson told Bloomberg Government on September 4 that he expected another short stopgap. If lawmakers extend funding, update your shipment watchlist and check which agencies the new law covers.

The October 1 to November 12, 2025, shutdown shows how cargo processing and agency reviews can diverge. Our October 2025 brief for logistics service providers covered the first days. A shorter lapse from January 31 to February 3, 2026, also shut the FMC, which reopened February 4. FDA and USDA already had full-year funding during that shorter lapse.

Key Dates Through January 9

Date	What happens	What it applies to
Nov 9, 2026	USTR’s extension of the Section 301 maritime suspension takes effect	Vessel fees covered by the suspension
Dec 11, 2026 (Fri)	Current stopgap funding runs through this date. A lapse could begin Dec 12 ET	Entry review, inspections and FMC services where funding lapses
Jan 3, 2027	New congressional terms begin at noon ET	Democratic majorities in both chambers, according to AP calls
Jan 9, 2027, 11:59 p.m. ET	Section 301 suspension runs through this time unless extended again	Applicable vessel fees could resume Jan 10

Federal funding and Section 301 policy dates. Times are US Eastern.

Section 301 vessel fees are a separate planning issue. Where a fee applies, the vessel operator pays it on or before the voyage’s first US port of entry from outside US customs territory. Shippers may see a surcharge or a vessel swap if carriers respond to a reinstated fee. Our earlier coverage of China-linked vessel fees and January vessel swaps explains what to watch for in carrier notices.

What Kept Running in Past Shutdowns

Function	During the 2025 shutdown	What to watch
CBP cargo clearance	Ports of entry stayed open and CBP kept processing cargo	Check CBP status and any separate agency hold
CBP importer deadlines	Normal filing and applicable response deadlines remained in place	Track protests, drawback claims and applicable Form 28 or Form 29 responses
FDA	Screening of food and medical-product imports continued	Entries that need manual review or an exam can take longer to clear
USDA	Its plan provided for fee-funded Animal and Plant Health Inspection Service (APHIS) services and Agricultural Marketing Service (AMS) specialty-crop inspections to continue	Verify inspection availability for your commodity
EPA	The agency initially used carryover funding and later began furloughs	Watch shipments that need manual review, such as pesticide Notices of Arrival
Consumer Product Safety Commission (CPSC)	The Toy Association reported that critical import surveillance continued while routine work paused	Keep required filings on schedule and verify the status of individual holds
FMC	The Commission stopped accepting complaints and requests for dispute resolution or ombudsman services	Send invoice disputes to the billing party on schedule

Reported operations and agency contingency plans for the October 1 to November 12, 2025, shutdown.

Under 46 CFR Part 541, a vessel-operating carrier or marine terminal operator generally has 30 calendar days from the date the charge was last incurred to issue a covered demurrage or detention (D&D) invoice. A non-vessel-operating common carrier (NVOCC) passing through a charge has 30 calendar days from the issuance date of the upstream invoice it received.

The billed party has at least 30 calendar days from the date the invoice was issued to request mitigation, a refund or a waiver from the billing party. The FMC’s January 2026 notice paused filing deadlines in pending Commission proceedings. The separate Part 541 deadlines for invoices and requests to billing parties continued to apply.

Worked Example of an FDA Hold at Long Beach

Assume a hold related to FDA review blocks terminal pickup. The billing party counts four calendar days of free time from the day after discharge, including both weekend days, and counts the pickup day as billable. Here is how an invoice could look if the billing party keeps its clock running through the hold.

Date	Event	Free time or billing status
Thu, Dec 10	Container discharged at Long Beach	Assumed free time starts the next day
Fri, Dec 11	Hold blocks pickup pending FDA review	Day 1 of assumed free time
Fri, Dec 11, evening (PT)	Federal funding lapses in this scenario, including FMC funding	The FMC suspends services in this scenario. The biller’s clock keeps running
Mon, Dec 14	Hold remains in place	Last free day under the assumed counting rules
Fri, Dec 18	FDA releases the entry, the terminal hold clears and the container is picked up	The invoice could list four days of demurrage, Dec 15 to 18
Sun, Jan 17	Day 30 if Dec 18 is the last charge date	Invoice deadline under the general rule in 46 CFR § 541.7(a)
Invoice issuance date + 30 calendar days	Earliest deadline for the billed party’s mitigation, refund or waiver request	Submit the request to the billing party by the applicable deadline

Illustrative Long Beach timeline for December 2026 and January 2027. Check the actual tariff, contract and terminal calendar.

If an invoice includes days when the hold blocked pickup, check the tariff and the container’s actual availability before accepting the count. California’s AB 2406 bars charges in listed situations, such as a closed truck gate or a container that is not available when the trucker arrives. It does not mention government holds, so check whether the facts of your case fit one of the listed situations. The FMC can consider whether charging demurrage during a government inspection served its purpose as well as the facts that prevented pickup.

Have your broker confirm what is blocking pickup and respond to any agency requests while free time remains. Save the hold and release timestamps, the terminal’s availability notice, the posted last free day, any pickup appointment attempts and the actual gate-out time. Those records help you challenge specific days with the billing party and support an FMC complaint if needed once the Commission reopens. For invoice checks, see our post on preparing for D&D disputes at LA–Long Beach.

If your team checks holds and last free days across carriers by hand, see how ops teams track holds, terminal availability and last free days across shipments.

What to Check Before December 11

Build a watchlist using current shipment ETAs. Flag inbound containers expected from early December that need FDA, USDA, EPA or another agency’s release. Include containers already at a terminal that may still be on hold when the funding deadline passes.
File complete agency documents as early as the rules allow. Incomplete or inaccurate entry data can trigger manual review or a request for documents. Confirm who will respond if an agency asks for more information.
Confirm free time per carrier and terminal. Estimate the last free day before arrival, then check the posted date and how weekends, gate closures and holds are treated. For rail-bound boxes, check the rules for inland port container availability and cut-offs.
Agree on an escalation path with your broker. In October 2025, CBP advised importers to start with the local partner agency office and then contact the local CBP port official. Check the latest agency instructions if a lapse begins.
Keep a record for each container. Save hold and release times, availability notices and appointment records alongside the carrier or terminal’s free-time information.
Calendar the deadline on each D&D invoice. For covered invoices, the billing party must allow at least 30 calendar days from issuance for a mitigation, refund or waiver request. Send it to the billing party on time even if the FMC has paused services. See our guide to disputing D&D charges from your freight forwarder.
Keep CBP filing and response deadlines on the calendar. File protests and drawback claims and respond to applicable Form 28 or Form 29 notices on schedule unless CBP grants relief.