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).
NEW ORLEANS -- CBP has nearly fixed a series of issues surrounding release date updates in ACE that were causing CBP to mistakenly issue liquidated damages for late filing against compliant filers, said Jim Swanson, CBP director-cargo security and controls, at the National Customs Brokers & Forwarders Association of America annual conference on April 4. The agency is cancelling in full mistaken assessments of liquidated damages caused by the issues, and is currently deciding how to handle mistaken claims that have already been paid, Swanson said.
CBP is seeking comments by June 5 on existing information collections pertaining to customs brokers. CBP proposes (here) to extend the expiration date of this information collection with no change to the information collected or to the estimated burden hours associated with the collection.
International Trade Today is providing readers with some of the top stories for March 27-31 in case they were missed.
NEW ORLEANS -- The Food and Drug Administration is aware of concerns surrounding Foreign Supplier Verification Program (FSVP) requirements that begin taking effect for food imports on May 30, said Doug Stearn, director of FDA’s Office of Enforcement and Import Operations, during an April 4 panel discussion at the National Customs Brokers & Forwarders Association of America annual conference. As FSVP requirements are rolled out, the agency will be “mindful” of the new challenges faced by the trade community, and is “going to try to work with folks to make sure it is dealt with in a responsible way,” he said.
NEW ORLEANS -- CBP is considering a role for customs brokers to help point out importers that may be skirting antidumping or countervailing duties as part of President Donald Trump's March 31 executive order, National Customs Brokers & Forwarders Association of America President Geoff Powell said during an April 3 panel discussion at the NCBFAA annual conference. CBP wants to get "the brokers' assistance in bonding" and figuring out "how to identify potential AD/CVD companies that are getting around it." CBP will "develop implementation plans to provide security for AD/CVD liability through bonds" within 90 days, the Department of Homeland Security said in a fact sheet about the executive order (here).
The Federal Maritime Commission is issuing a final rule to amend its regulations covering non-vessel-operating common carrier (NVOCC) negotiated service arrangements, the FMC said (here). The rule will become effective May 5, and will allow NVOCCs to amend their service arrangements and immediately bring the changes into effect, as long as they’re written within 30 days before filing the changes with the FMC. Currently, the commission allows implementation of amendments only after they are formally filed with the FMC. The agency approved the final rule in March (see 1703070035).
President Donald Trump will nominate Acting CBP Commissioner Kevin McAleenan for CBP commissioner, the White House said in a March 30 news release (here). McAleenan became acting deputy commissioner in 2013 and ascended to commissioner on an acting basis after Gil Kerlikowske stepped down with the change of administration in January (see 1611090035). Despite McAleenan's long history within CBP's leadership, this will be his first post at the agency to require Senate confirmation, a CBP spokeswoman said.