CBP Posts Answers to Questions Submitted at its January 2005 Trade Symposium

(CBP's 2004 Trade Symposium was held on January 12-14, 2005 in Washington, DC. See ITT's Online Archives or 01/27/05 and 01/28/05 news, 05012710 and 05012810, for Parts I and II of BP's summary of this trade symposium.)

This is Part I of a multi-part series of summaries on this document, and provides "highlights" of the questions and answers concerning U.S. cargo security strategy. See future issues of ITT for additional summaries.

Highlights of Questions & Answers on U.S. Cargo Security Strategy

The following are highlights of the questions and answers related to U.S. cargo security strategy:

Directive on container resealing to be implemented in June 2005. CBP states that a directive outlining container resealing procedures and communication protocols for use by CBP officers is forthcoming and will be implemented in June 2005.

Regulation on ISO/PAS bolt seals to be implemented by end of 2005. CBP reports that a regulation requiring all ocean going containerized cargo to be sealed utilizing a high security bolt seal meeting the specifications of International Standardization Organization Publicly Available Specification 17712 (ISO/PAS 17712) has been drafted and is currently under review for implementation by the end of 2005.

Seal security on cross border trucking addressed in forthcoming directive. In response to a question on whether CBP will replace secure seals with equally secure seals on cross border trucking, CBP states that its forthcoming directive described above requires that CBP replace any seals with a high security bolt seal meeting the specifications of ISO/PAS 17712.

ISO/PAS-compliant bolt seals are currently available. CBP states that the currently proposed regulation would mandate the use of ISO/PAS compliant high security bolt seals. CBP notes that such seals are currently available and could be incorporated by the importing community at any time.

Timeline for implementation of smart box technology. According to CBP, the current timeline for the implementation of smart box technology is contingent upon the performance of available technology currently under evaluation. The criteria to be used are also being formulated as evaluation and testing continue.

Advisory committees include COAC & NMSAC. In response to a comment on establishing a federal advisory security committee including representatives from CBP, importers, ocean carriers, etc., CBP states that it currently has such an advisory committee. The Departmental Advisory Committee on the Commercial Operations of Customs and Border Protection and Related Functions (COAC), which considers issues relating to enhanced border and cargo supply chain security, consists of twenty members which include representatives from the importer, carrier, and customs broker communities, as well as port authorities and other elements of the international commercial supply chain. A current list of members can be found at http://www.dhs.gov/dhspublic/display?content=4323.

CBP further states that the Department of Homeland Security (DHS) recently chartered another federal advisory committee, the National Maritime Security Advisory Committee (NMSAC), which consists of a variety of maritime industry stakeholders and is designed to provide advice to DHS via the Coast Guard on matters such as national maritime security strategy and policy, etc. A complete list of members can be found at https://www.piersystem.com/external/index.cfm?cid=786&fuseaction=EXTERNAL.docview&documentID=60061.

Air Cargo Security Strategy in development. CBP states that it is currently developing an Air Cargo Security Strategy in order to prevent the air cargo shipment of terrorists, terrorist weapons or weapon components, or other implements of terror from entering the U.S. by commercial aircraft while still facilitating the movement of legitimate trade. CBP states that air cargo security measures are based on a layered defense approach using information collection requirements, operational forces and detection technology to maximize the possibility of interdicting a terrorist weapon.

Coinciding CBP and FDA timeframes. In response to questions on whether there is discussion on requiring Food and Drug Administration (FDA) Prior Notice (PN) at the same time as the 24-hour manifest and on whether FDA reporting and inspections at ports of entry can be harmonized with CBP regulations at port of entry (i.e., timelines, manifests, hours of operations, etc.), CBP states that there are discussions underway between CBP and FDA to see if timeframes can be coincided while still meeting statutory requirements.

Matching Section 322 of BTA with C-TPAT. CBP states that a questioner asked how the FDA "322" program requiring expedited release of goods of compliant companies will match with Customs-Trade Partnership Against Terrorism (C-TPAT) participants so that they are identified for appropriate processing and assessment in the Automated Commercial Environment/International Trade Data System (ACE/ITDS).

CBP responds that Section 322 of the Bioterrorism Act (BTA) modifies Section 801(d)(3) (21 USC 381(d)(3)) to specify exactly what information must be supplied to document that an article is eligible for admission under Section 801(d)(3). Some of the information identified in the statute (e.g., the manufacturer and each subsequent processor of the article) may be derivable from data about C-TPAT participants, but other information (e.g., certificates of analysis) would not normally be available.

Therefore, CBP states that while products from C-TPAT participants might undergo a more rapid review, they would not be exempt from providing the additional information specified in Section 322 of the BTA. CBP notes that it is in discussion with FDA on how to afford C-TPAT members benefits from other government agencies.

CBP Answers to Question Cards Submitted at the Trade Symposium 2004 available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_industry/trade_2004/trade_answers.ctt/trade_answers.doc