North American Single Window Shouldn't Allow Cross-Border Filing for Brokers, NCBFAA's Powell Says

MIAMI -- Efforts toward a North American Single Window should not change the role of customs brokers in the U.S., Mexico and Canada, respectively, said Geoff Powell, president of the National Customs Brokers & Forwarders Association of America. The association is not looking for a “European Union model” wherein brokers would be able to conduct customs business throughout the continent, Powell said, speaking at the Florida Customs Brokers & Forwarders Conference of the Americas on Nov. 15. Instead, it’s working with CBP, Canadian and Mexican customs, and broker groups in Mexico and Canada on facilitating the sharing of data, including export and import manifest, to “make it a little bit easier in getting the data” and to avoid duplicating information, he said.

Through memorandums of understanding recently signed with the Canadian and Mexican broker associations, the NCBFAA is working “on a global basis” to see what works across the border and what can be applied “at home,” Powell said. For example, in Mexico, all powers of attorney are submitted for approval by Mexican customs, which could inform discussions with CBP about the new Form 5106 and Trade Facilitation and Trade Enforcement Act (TFTEA) requirements for brokers to vet importers, he said.

There also are ongoing discussions between the NCBFAA and CBP on Section 321 clearance and e-commerce, Powell said. The NCBFAA has had a “number of meetings with CBP” on Section 321, “looking at unintended consequences” that concern the brokerage community,” he said. Particularly concerning is the way more businesses are packaging shipments for delivery so they fall under the new $800 threshold set by TFTEA to avoid duties. Carriers may now clear more goods from manifest, some without realizing a shipment is subject to partner government agency (PGA) requirements or has intellectual property rights (IPR) or forced labor issues, he said. The NCBFAA recently submitted comments to CBP calling for the agency to deem Section 321 clearances to be “customs business” (see 1609290032).