New York Reps. Peter King (R) and Gregory Meeks (D) on Dec. 14, introduced H.R. 4657, the Customs Business Fairness Act, which would provide relief to customs brokers for duties paid on behalf of importers who declare bankruptcy. The National Customs Brokers & Forwarders Association of America is trying to get co-sponsors for the legislation and has drafted a “Dear Congressman” letter to circulate among House members aimed at galvanizing support for the bill, the NCBFAA said in an email to members. The trade group mentioned its support for such legislation earlier this year (see 1709110033). The King-Meeks bill would recognize when customs brokers provide funds to CBP on behalf of the importer and would spare them from liability for those funds, the NCBFAA said.

The Department of Homeland Security (DHS) published its fall 2017 regulatory agenda for CBP. The agenda includes a first mention of a rulemaking on customs broker regulatory modernization. Among other things, "CBP will propose to update the requirements on responsible supervision and control," it said. The agency is aiming to release a proposal in June. The long-discussed update to customs broker regulations in 19 CFR Part 111 was said to be on hold indefinitely earlier this year due to the deregulatory efforts of the Trump administration (see 1703070009). The proposal is considered to be "deregulatory" by the Office of Management and Budget, something CBP was hoping for (see 1707270022).

CBP issued the following releases on commercial trade and related matters:​

Customs brokers will be able to file their 2018 triennial reports and pay their broker license fees beginning on Dec. 15, CBP said in a CSMS message. The fees and reports, which must be filed by Feb. 28, may be submitted online via the website Pay.gov. The $100 fee may be paid by credit card, debit card, PayPal or Amazon Pay, with no additional transaction fees. Though the fees may also be paid in person or by mail at the port that originally delivered the license, CBP is actively encouraging brokers to use the electronic payment option, which allows brokers to “save time and submit online,” said Troy Riley, executive director for commercial targeting and enforcement at CBP, at a recent agency conference.

CBP should remove from its regulations a limit of "one shipment per day" for imports under $800, the National Association of Manufacturers said in comments to the agency about rules considered onerous (see 1712120024). That shipment limit goes against "modern business practices where manufacturers may need to import commodities, component[s] or other goods on a 'just in time' basis," NAM said. "Manufacturers recommend that CBP eliminate the one shipment per day provision to be consistent with the" Trade Facilitation and Trade Enforcement Act, which raised the dollar value of the de minimis threshold.

Mark Hirzel recently joined American Honda Motor Company as assistant manager for trade services, he confirmed in an email. Hirzel, a licensed customs broker, previously worked for A.N. Deringer and DHL Global Forwarding.

The following lawsuits were filed at the Court of International Trade during the week of Dec. 4-10:

A freight forwarder with the proper authorization may sign a continuous customs bond, which CBP considers to be "customs business," for an importer, that agency said in a Sept. 26 ruling. The ruling request came from the Miami Field Office following a broker compliance audit that found a foreign importer to be using a continuous customs bond singed by its freight forwarder, CBP said in HQ H251059. Actions constituting "customs business" typically require a valid broker license and district permit.

The National Marine Fisheries Service is currently “grappling” with whether the trade community is ready for new ACE filing requirements for high-risk seafood under its Seafood Import Monitoring Program, said Dale Jones, an NMFS fishery program specialist, at CBP’s East Coast Trade Symposium on Dec. 6. The December 2016 final rule will still go into effect on Jan. 1, but NMFS does not want to hold up trade, so there may be some way the agency can “work diligently” with affected importers to help them through the transition, he said. “We might hit some turbulence.” The new data requirements will initially apply to imports of Atlantic cod, Pacific cod, blue crab, red king crab, dolphinfish (mahi mahi), grouper, red snapper, sea cucumber, sharks, swordfish, and albacore, bigeye, bluefin, skipjack and yellowfin tuna, with requirements also eventually planned for shrimp and abalone. The National Customs Brokers & Forwarders Association of America recently called on NMFS to adopt a “soft compliance” policy, citing readiness concerns (see 1712040022).

The Census Bureau should delete the reference to electronic export information (EEI) in its definition of a “routed export transaction,” to make the definition consistent with the Bureau of Industry and Security’s, the National Customs Brokers & Forwarders Association of America said in Dec. 5 comments to Census. Census defines a routed export transaction as a transaction wherein the foreign principal party in interest (FPPI) authorizes a U.S. forwarding or other agent to facilitate export of items from the U.S. on its behalf and to prepare and file the EEI. BIS’s Export Administration Regulations don’t include the reference to EEI.