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CBP Set to Increase Role of CEEs, Will Transfer Authorities from Port Directors

CBP set in motion the first phase of a plan to increase the use of Centers of Excellence and Expertise by shifting some authorities from the port directors to the directors of three CEEs, the agency said Jan. 20 (here). It also laid out some of the specifics involved within the first phase of the accelerated roll out (here), which will initially involve three CEEs -- electronics in Los Angeles, pharmaceuticals in New York, and petroleum and minerals in Houston. This first phase is part of an agency plan to move post-release processing for entire industries to the corresponding CEEs (see 14030613).

A CBP Delegation Order, issued Sept. 11, shifted some port director authorities to the directors of the CEEs, said CBP in a trade community guidance describing the process (here). Beginning Jan. 28, that delegation order will be implemented for the directors of the three CEEs initially involved, it said. Following the internal delegation, CBP will likely next issue a Federal Register notice announcing the end of the pilot program for the three CEEs (see 14061723). "The Delegation Order does not remove any authority from the Port Directors but serves to share trade authority until full regulatory changes are completed," the agency said.

The port directors will retain some responsibilities, including for "matters pertaining to the control, movement, examination, and release of cargo," said CBP. Though a CEE director may be consulted on such issues, only the port director will issue decisions or determinations, the agency said. Also, the port directors will still be in charge of fines, penalties and forfeitures, it said. In some cases, the CEE and port directors will both have discretion, the agency said. For example, both will be able to demand redelivery of cargo or single transaction bonds, CBP said. CBP previously transferred some authority to the CEE directors within the ongoing pilot program (see 12082733). Filers also will be able to file required documentation or information with either the port or the CEE, said CBP.

Entry summary filing procedures and document submission "processes will remain the same for brokers and importers," the agency said. "Local ports will issue notices regarding any team number changes, if necessary. CBP will consolidate post-release processing to provide an increased level of uniformity and certainty. An appropriate level of trade staff at these locations will be transitioned to the Center to support Center operations. The Center Director will have full authority for trade decisions for the respective industry tariff lines."

The initial phase will only include post-release processing for entry summaries from certain ports, said CBP. The electronics CEE director will handle trade authority for industry tariff lines filed with the following ports: Long Beach, Los Angeles/LAX, Chicago, Cleveland, Milwaukee, Minneapolis, St.Louis, Sand Francisco, Honolulu and Dallas/Ft. Worth. The pharmaceuticals center director will take over such processing for El Paso, New York, Newark, Chicago, Cleveland, Milwaukee, Minneapolis, St. Louis, Atlanta, Charleston, Charlotte, Norfolk, and Savannah. The petroleum CEE director will handle corresponding entries from Seattle, Blaine, Pembina, Great Falls, San Francisco, Honolulu, Long Beach, Los Angeles/LAX, San Diego, Nogales, Phoenix, El Paso and Portland, Oregon.