EPA Looking at Pesticide Import Changes After Shutdown, Says CBP Trade Official
NEWTON, Mass. -- CBP and other federal agencies with a role in trade have been taking a look at operations during October's federal government shutdown, and will apply the lessons learned in the event of another hiatus, said Richard DiNucci, acting assistant commissioner at CBP's Office of International Trade, at the Coalition of New England Companies for Trade's Northeast Cargo Symposium on Nov. 7. The Environmental Protection Agency in particular was singled out for its failure to process Notices of Arrival required for pesticide shipments during the shutdown, he said. As a result, EPA is not only rethinking its shutdown procedures, but its entire Notice of Arrival system.
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Trade-related agencies on Nov. 6 held a meeting of the Border Interagency Executive Council, which is currently being expanded by Executive Order, DiNucci said. There, they discussed participating agencies' responses to the shutdown. Some agencies like CBP largely continued their work, but others took a particularly tight stance on the Anti-Deficiency Act and effectively ceased operations. "Some of our friends disappeared," said DiNucci. One agency that went off the radar was EPA, which meant it stopped reviewing the Notices of Arrival required for shipments regulated by the Federal Insecticide, Fungicide and Rodenticide Act. That brought pesticide import shipments to a complete stop during the shutdown (see 13101002).
The furloughs weren't necessarily the problem, said DiNucci -- personnel issues were compounded by EPA's unnecessarily convoluted pesticide import regime. The notices are automated forms from EPA that a shipper must print, sign, and then mail back before EPA electronically notifies release. "Now if you can figure the sense out in that, I'll give you a million bucks right now," said DiNucci. EPA is now realizing the process is not "terribly efficient," and is working with CBP on how to address the issue, he said.
CBP also had its own issues during the government shutdown that it is working to address. DiNucci identified quota shipments and exchange rate data in particular. With another budget showdown coming in January and February, "we'll apply our lessons learned, especially with our [other government agency] partners," DiNucci said.
Form 5106 Changes a Priority; Agency Working to Get Broker Rewrite 'Right'
Priority issues for CBP in the coming year include work to update Form 5106 (Importer ID Input Record), as well as the agency's Part 111 broker regulation rewrite. Changes to Form 5106 are particularly important to DiNucci. As CBP works to get more cost-effective and more efficient, it needs to know who it's dealing with, he said. Lack of importer information makes targeting difficult, said DiNucci. The process should be relatively easy, because it doesn't require a regulatory change, CBP has said (see 13031422). CBP will continue to work on the Form 5106 changes as the year goes on, said DiNucci. But the agency doesn't want to make changes that will get in the way of business. For example, the proposal for new importer verification in the customs reauthorization bill currently before the House (see 12121115) is a non-starter. "No thanks," said DiNucci. "That's going to take way too much time."
DiNucci emphasized patience on the Part 111 broker regulations rewrite. CBP is working in close consultation with trade associations, including the National Customs Broker and Freight Forwarder Association and regional broker groups. This work will continue, but DiNucci said the agency isn't in a hurry. "I am not necessarily in a great rush to do this, because I want to get it right,' said DiNucci. "It hasn't been rewritten in a long time, and it needs to be done right because I don't think revisiting it anytime soon after that."