NEWPORT, Rhode Island -- The nomination of Acting CBP Commissioner Kevin McAleenan to permanently head the agency represents welcome continuity to CBP and the trade community, government officials and industry executives said at the Coalition of New England Companies for Trade Northeast Trade and Transportation Conference on April 12. For CBP, “having the continuity that he brings from the operational and enforcement piece” and McAleenan’s experience “is going to be great for us,” said Valerie Neuhart, acting director of CBP’s Office of Trade Relations.
International Trade Today is providing readers with some of the top stories for April 3-7 in case they were missed.
Mexico has continued efforts over the past several years to "simplify customs procedures and promote trade," according to the World Trade Organization’s trade policy review of the country released this week (here). Important developments over the past half-decade include the computerization of customs processes in the “Digital Window,” the use of new technologies to inspect imports, and the abolition of the mandatory use of customs brokers, the review said.
NEW ORLEANS -- Section 321 clearance via the Automated Broker Interface is likely years away, but CBP and the trade community are actively considering a multitude of issues surrounding e-commerce and low value shipments, according to trade industry and government officials during a panel discussion at the National Customs Brokers & Forwarders Association of America annual conference on April 5. Though short-term solutions for filers and CBP are likely to come earlier, CBP and the trade community need to avoid having those fixes becoming the norm and put the resources into an automated solution that gives customs brokers the same capabilities as others in the supply chain, said Vince Iacopella of Alba Wheels Up.
CBP remains wary of creating a Center of Excellence and Expertise entirely focused on customs brokers, said Rich DiNucci, executive director-cargo and conveyance security at CBP, during the National Customs Brokers & Forwarders Association of America annual conference April 4. Despite some early discussion of the possible addition of a CEE to focus on broker management (see 1510210017), CBP isn't inclined to further segment the importing process, DiNucci said. The CEEs will certainly evolve, "but I would say it's much too early to get into that concept now. We'll see where we are three, four years from now."
A U.S. customs broker license isn't necessary to create a tariff classification database, file ruling requests and protests, prepare import manuals or conduct post-entry audit reviews in many cases, CBP said in a Jan. 26 ruling (here). Neville Peterson lawyer John Peterson filed the ruling request on behalf of a Canadian customs consultancy that is working with a multinational chemical company on providing resources related to imports into the U.S. CBP agreed to keep confidential the identifying information of the companies involved in the ruling.
NEW ORLEANS -- CBP is working on a proposed rule to implement new importer validation requirements for customs brokers outlined in the Trade Facilitation and Trade Enforcement Act of 2015, said Steve Hilsen, deputy executive director of CBP’s Trade Remedy & Law Enforcement Division. Hilsen spoke at the National Customs Brokers & Forwarders Association of America annual conference on April 5. The proposal, which will be “ready for comment hopefully shortly,” will include information on what brokers will be required to get from new importer clients, including the importer’s address, status of incorporation and information on the individual associated with the broker power of attorney, Hilsen said.
NEW ORLEANS -- Exports will likely see heightened enforcement and greater “accountability” in terms of timeliness of filing and data accuracy under the new administration, said Rich DiNucci, executive director-cargo and conveyance security at CBP, during the National Customs Brokers & Forwarders Association of America annual conference April 4. Though much of the Trump administration’s tough talk so far has focused on imports, even exporters will be operating in a new environment as a shift to protectionism occurs across the globe, DiNucci said.
Employees for national customs permit holders may submit entries from a remote location, considered to be "customs business," as long as there's sufficient responsible supervision and control, CBP said in a March 21 ruling (here). That ruling, HQ H258892, involved Superior Brokerage Services (SBS), which holds local port permits and a "national permit in order to file entries remotely from their Minneapolis/St. Paul and Miami locations," CBP said. The company sought CBP input on whether its unlicensed employees in the Chicago freight forwarding office would be allowed to transmit entries remotely on weekends through the Automated Broker Interface (ABI), ACE or the Automated Commercial System. The law allows for only certain people to be involved in "customs business."
NEW ORLEANS -- CBP plans to propose changes to powers of attorney and cybersecurity requirements as part of an update to customs broker regulations, said Cynthia Whittenburg, deputy executive assistant commissioner at CBP’s Office of International Trade, during the National Customs Brokers & Forwarders Association of America annual conference on April 4. The agency is the process of drafting the proposal, which will then face "extensive economic evaluation" by the Office of Management and Budget (OMB). The evaluation is a requirement of a recent Trump administration executive order that requires the repeal of two regulations for every "significant" new rulemaking (see 1702070048). Whittenburg didn't give a time frame for the proposal, but the agency recently said timing would be hard to predict (see 1703070009).