CBP is unlikely to make new adverse inferences about companies that are unaware of antidumping or countervailing duty evasion allegations and don't respond to information requests, said Carrie Owens, acting CBP director of operations for Enforce and Protect Act and E-Allegations. Owens discussed the EAPA procedures and the use of adverse inference (see 1608190014) during a panel at the East Coast Trade Symposium on Dec. 2. "If a party is not aware it is being requested information pursuant to an EAPA investigation, my personal view is I'm unsure how we would then apply an adverse inference to that," she said. That includes responsiveness to Customs Form 28 that CBP may issue as part of the investigation, Owens said.

An importer of record database required under the Trade Facilitation and Trade Enforcement Act (see 1602170074) may require additional work before some of what is described in the law can be put in place, said Brenda Smith, executive assistant commissioner with CBP's Office of International Trade. Smith and other officials discussed the issue with reporters during the East Coast Trade Symposium on Dec. 1. "There are a couple of ideas in that authorization bill about using brokers, polishing up a database and the way that we managed importer IDs," some of which is linked to CBP's planned updates to Form 5106 to include additional information about importers, she said. "Our intention is to report back to Congress about our progress in all of those areas and then we may need some additional support, whether it's statutory changes or automation investment, to make what they are looking for a reality. It's early days yet."

The 2017 annual user fee of $138 for each customs broker district permit and national permit held by an individual, partnership, association or corporation is due by Feb. 3, CBP said in a notice (here). This user fee is payable for each calendar year at the broker district through which the broker was issued a permit. CBP anticipates "that for subsequent years, the annual user fee for customs brokers will be due on the last business day of January of each year," it said.

The Food and Drug Administration is adopting the flexible approach urged by industry for filing in ACE of some data elements that may not be known at time of entry, in its final rule setting ACE filing requirements (here). Data elements for active pharmaceutical ingredients will remain optional, and the agency will continue to allow for a “UNK” intended use code where the intended use code is unknown at time of entry, the final rule said. However, FDA declined to allow more time for implementation of new ACE requirements, setting an effective date of Dec. 29 despite calls to allow several months for implementation.

The Department of Homeland Security (DHS) published its fall 2016 regulatory agenda for CBP (here). The agenda doesn't include any new rulemakings involving trade. Previously listed rulemakings, including on the Centers of Excellence and Expertise and Importer Security Filings, continue to be on the agenda. CBP aims to issue an interim final rules on the CEEs in December (here), it said. The agency said an ISF final rule is also planned for release in December, with an effective date in January (here).

International Trade Today is providing readers with some of the top stories for Nov. 14-20 in case they were missed.

The prospect of punitive tariffs and a renegotiated NAFTA could significantly impact customs brokers, but some could see benefits from U.S. leverage in any NAFTA withdrawal talks and potential port investments under the Trump administration, National Customs Brokers & Forwarders Association of America Legislative Representative Jon Kent said during a Nov. 22 webinar. The required six-month window between submitting a withdrawal notice to NAFTA members and actual departure could give Trump an advantage in promoting U.S. interests, potentially spurring flexibility from Canada and Mexico during talks, Kent said. “It may not be enough, he may want to go further, and they’re willing to take it,” he said. “Having the ability just to shut down the agreement may provide him some edge. I think he’s well known as a negotiator, and I think this may be part of that inclination.”

Regulatory agencies with jurisdiction over imports and exports published their regulatory plans for the next several months as part of the Fall 2016 Unified Agenda (here). New rulemakings include the development of a national standard for disclosing bioengineered food, a final rule to require filing of new data elements for high-risk seafood imports and a proposal to allow imports of poultry slaughtered in China.

The Fish and Wildlife Service should reconsider its approach to ACE so as to not add several new burdens to industry filers, a group of trade associations said in a Nov. 16 letter to FWS Director Dan Ashe (here). The groups, including the National Retail Federation, the National Customs Brokers & Forwarders Association of America and the U.S. Chamber of Commerce, said the FWS International Trade Data System pilot "has raised a number of concerns about the entry process and the long-term implications that could adversely affect both the agency and the industry." Among the concerns are an increase in the tariff subheadings flagged by FWS as requiring some type of filer action and the end to the Non-Designated Port Exemption Permit (DPEP) (see 1611140019). "We believe it is critical that these issues are addressed before any new mandatory ACE requirement is issued by FWS," the associations said.

MIAMI -- Efforts toward a North American Single Window should not change the role of customs brokers in the U.S., Mexico and Canada, respectively, said Geoff Powell, president of the National Customs Brokers & Forwarders Association of America. The association is not looking for a “European Union model” wherein brokers would be able to conduct customs business throughout the continent, Powell said, speaking at the Florida Customs Brokers & Forwarders Conference of the Americas on Nov. 15. Instead, it’s working with CBP, Canadian and Mexican customs, and broker groups in Mexico and Canada on facilitating the sharing of data, including export and import manifest, to “make it a little bit easier in getting the data” and to avoid duplicating information, he said.