US Customs and
Border Protection (CBP) is launching a broad effort to modernise trade data
collection and close enforcement gaps across international supply chains with
potential updated regulations. An Advance Notice of Proposed Rulemaking (ANPRM)
published by CBP on Tuesday titled “Heightened Import Disclosures for Supply
Chain Visibility”, directly supports an executive order signed by US President Donald Trump in June
instructing the Department of Homeland Security to tighten customs oversight to
prevent bad actors from exploiting outdated reporting mandates. “CBP seeks to more effectively detect and
interdict illicit importations, especially those that are illegally
transshipped to evade compliance with U.S. customs and trade laws,” the ANPRM states. CBP Commissioner Rodney Scott asserted that,
by strengthening visibility into the supply chains behind US imports, “CBP can
better identify high-risk shipments, stop illicit trade, and ensure that
American businesses are not undercut by those who evade our customs laws.”
Responses from ocean carriers – as well as from importers, customs
brokers, and freight forwarders – to a list of 64 questions among a group of
proposals aimed at bolstering supply chain visibility will be used,
potentially, to draft a formal Notice of Proposed Rulemaking. The rulemaking
would in turn propose regulations to implement those proposals or others
suggested in response to the notice.
Key proposals for which CBP is requesting feedback include: Party Identification and Business
Identifiers: Standardising and upgrading business identification data
to better track raw material suppliers, foreign manufacturers, and intermediate
logistics nodes. Foreign Export
Documentation: Potential requirements for trade participants to collect,
retain, or submit foreign export documentation as part of the US import record.
And, Tracing Technologies: Leveraging
digital tracing and data-interoperability technology to track goods from origin
to destination. For ocean container
shipping lines and non-vessel operating common carriers, overhauling customs
data requirements could have operational impact, including the need to push
back documentation deadlines at foreign loading ports. Enhanced automated screening could also
increase holding of cargo, targeted inspections, and detention at US marine
terminals for shipments with incomplete supply chain information, heightening
demurrage risks for cargo owners and carriers.
CBP’s Executive Assistant Commissioner Diane
Sabatino emphasized, however, that by modernising how trade data is collected,
“we are sharpening our ability to target high-risk shipments and interdict
illicit goods – such as counterfeit items and dangerous substances –before they
enter the country.