CBP Wants to Integrate ACAS and Simplified Entry, Transform Trade with CEEs

U.S. Customs and Border Protection is considering ways to leverage Air Cargo Advance Screening (ACAS) and offer a simplified entry process to ACAS participants by integrating with the Simplified Entry initiative, said CBP Acting Commissioner David Aguilar during testimony before a House May 17 hearing on Customs issues .

(See ITT's Online Archives 12051809 for additional summary of Aguilar's testimony. See ITT's Online Archives 12051732 and 12051624 for summaries of House Trade Subcommittee Brady's hearing statements and NCBFAA President's written testimony.)

CBP is also now focusing on the creation of Centers for Excellence and Expertise (CEE), he said. The CEEs will fundamentally transform the way CBP approaches trade operations and works with the international trade community by expanding efforts to increase uniformity of practices across ports of entry, facilitate the timely resolution of trade compliance issues nationwide, and further strengthen critical agency knowledge on key industry practices. CBP will utilize the CEEs and ACE to create simplified entry and financial processes to minimize the cost of doing business, he said.

Aguilar also spoke about the process toward new Section 111 regulations for customs licensees. Items being considered are: developing continuing education for licensed brokers; due process proceedings for brokers, including penalties and suspension and revocation of licenses; increased outreach and education to unlicensed parties; and “business model alignment” between the trade and CBP, which includes conducting customs business within the geographic bounds of the United States, he said.

CBP has been working hard in enforcing trade agreements and improving enforcement, he said. CBP recently issued a Trade Agreements enforcement plan to ensure that claims for duty preferences are valid. The pilot enforcement plan identifies a minimum number of verifications spread among all 20 Field Offices that are to be completed for FY 2012 for free trade agreements (FTAs) and preferential trade programs.

The Textile Production Verification Teams, in conjunction with ICE/HSI, visited 165 manufacturing facilities in nine countries to assess compliance with U.S. trade preference programs. CBP also delivered the results of the Mexico Textile Task Force’s Exporter Operation to the Mexican government, which will assist Mexico with its enforcement of the North American Free Trade Agreement (NAFTA) claims on imports into Mexico, he said.

The 2012 National Defense Authorization Act was slightly too narrow in terms of dealing with suspected counterfeits, he said. The NDAA allowed CBP to share, prior to seizure, unredacted samples and photographs of suspected counterfeits with trademark holders so that they may better provide information to assist CBP in determining whether goods are counterfeit. However, the NDAA is narrower than an Administration legislative proposal because it does not apply to merchandise suspected of infringing a copyright, it only applies to merchandise that is imported, and it does not contain provisions for sharing information when CBP enforces the Digital Millennium Copyright Act against copyright circumvention devices and exclusion orders issued by the International Trade Commission. Aguilar said the Administration looks forward to working with Congress to find a comprehensive solution.