CBP Expands CEE Processing, Transfers Port Director Authorities

The final six Centers of Excellence and Expertise began handling the post-release operations for the respective industries on March 23, said a CBP guidance to the trade community (here). The CBP guidance outlines the agency's delegation order that gives CEE directors authority over some processing. As a result, all 10 CEEs are now authorized to oversee post-release processing for those industries. CBP said last month that it would move forward with those CEEs at a slightly accelerated pace (see 1602080029).

The newly authorized CEEs cover Automotive and Aerospace, Agriculture and Prepared Products, Base Metals, Consumer Products and Mass Merchandising, Industrial and Manufacturing Materials, and Machinery industries. Those six CEEs join four others -- Apparel, Footwear and Textiles, Electronics, Pharmaceuticals and Chemicals, and Petroleum and Minerals -- that already handle the post-release processing for the full industries (see 1501210021 and 1511040014).

CBP's March 23 guidance closely follows the language in the agency's initial delegation order in 2014 regarding the first three CEEs (here). Beginning March 23, that delegation order will be implemented for the directors of the six CEEs, it said. "The Delegation Order does not remove any authority from the Port Directors, but serves to share their authority with Center Directors," the agency said. As was previously the case, 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.

Filers also will be able to file required documentation or information with either the port or the CEE, said CBP. "For example, a protest may still be filed with the port director whose decision is being protested pursuant to 19 CFR 174.12(d), or a protest may be filed with the appropriate Center," said CBP in one of the few changes from the 2014 order.