CBP Issues Centers of Excellence and Expertise Regulatory Changes

CBP will make numerous regulatory changes to reflect the Centers of Excellence and Expertise as a component of the agency, it said in an interim final rule (here). Among other things, the interim rule officially shifts responsibilities from the port directors to the CEE directors, CBP said. The new rule also describes the process by which importers will be assigned to Centers and the appeals process for their Center assignments, CBP said. The Trade Facilitation and Trade Enforcement Act required CBP to implement the CEE (see 1602170074). The interim rule will be effective Jan. 19.

The rule ends the pilot of the Centers and formalizes the role of CEE directors, which already handle several port director functions under a delegation order (see 1603230019). "CBP is prepared to end the test and establish the Centers as a permanent organizational component of the agency and to transition certain additional trade functions to the Centers," it said. New functions to be handled by the CEE include the processing of quota entry summaries and determination "whether to provide importers with a reasonable opportunity to label products," the agency said.

Some authorities and responsibilities that were provided to CEE directors through regulatory waivers in the test notices "will not be transitioned to the Centers under the regulations," the agency said. "CBP has made the decision to maintain the current regulatory authorities for: the control, movement, examination and release of cargo; export; drawback; and Fines, Penalties & Forfeitures." Import specialists, entry specialists and liquidation specialists will all report to CEE, whereas CBP officers agriculture specialists, FPF officers, and seized property specialists will continue to report to the port directors, CBP said.

The agency declined to make changes to several notable sections of its regulations "because the functions are not transitioning to the Centers or because the parts are included in another regulatory package," it said. For example, Section 111 regulations for customs brokers won't change as part of this interim final rule, it said. The interim rule also spells out responsibilities to be "jointly carried out by the port directors and the Center directors" and clarifies "that payments and documents may continue to be submitted at the ports of entry or electronically," CBP said.

(Federal Register 12/20/16)