CBP Preparing Part 111 Amendments on National Permitting, Supervision and Control, Says Kerlikowske

ORLANDO, FLA. – CBP's Office of Regulations and Rulings is "preparing a number of proposed amendments" to customs broker regulations in 19 CFR Part 111, said CBP Commissioner Gil Kerlikowske while speaking at the National Customs Brokers & Forwarders Association of America on April 21. Kerlikowske also lauded the movement of just-introduced customs legislation.

The agency worked with the NCBFAA to draft the proposals, including "the incorporation for a national permit and a supervision and control framework," he said. CBP also made a number of recommendations to Congress for the recently introduced customs reauthorization bill, he said. The bill would clarify the agency's authorization, which currently comes through several different statutes, he said. Antidumping duties are something that will be a “huge issue” as part of customs reauthorization and other trade bills and CBP is now working to improve communications on the issue, he said. While the reauthorization would be important for the agency, “it's more important to be appropriated,” said Kerlikowske, who will testify at a House Appropriations Committee hearing April 23.

Kerlikowske has recently gotten involved in pushing U.S. Attorney's offices to pursue trade cases. While CBP's lawyers are “very smart,” it's often up to the U.S. Attorney's Office to decide whether it wants to take on the case, he said. Kerlikowske said in some instances, he's gone directly to the U.S. Attorneys' offices and said “I know sometimes these cases, especially the civil cases, don't rise as highly as you want them to, but our lawyers have prepared great cases.” When CBP collects on penalties, it sends a “very powerful message,” he said.

CBP understands the financial burdens for brokers as part of the Automated Commercial Environment, he said. The subsequent cost savings with be incremental but there will be a payoff from the investment, he said. CBP is watching the deployment closely as the mandatory use dates get closer, he said. “As we approach these critical dates, I want to assure you that we are looking for gaps.” The agency is very much interested in learning what's “not being paid attention” to and the brokers play an important role in pointing out such deficiencies, he said. The agency is also aware of concerns for the implementation of ACE and that a return to paper filing is an "impossibility," said Kerlikowske.