21CCF Focus Group Set to Propose Trade's List of Statutory Changes to CBP, PGAs Next Week

Trade participants in the 21st Century Customs Framework “focus group” are set to meet with CBP and other government officials Oct. 17 and 18 to discuss a series of proposed statutory changes developed over recent weeks that aim to incorporate facilitation measures into upcoming customs modernization legislation.

Put together based on input from the trade following the September meeting of the Commercial Customs Operations Advisory Committee (see 2209150059), the proposals aim to balance long-running work on enforcement measures that address “CBP Challenge Areas” with facilitation and modernization measures the focus group sees as “Trade Opportunities,” according to an email from COAC Co-Chair Brian White.

A lengthy list of CBP officials are set to attend the meeting, as are officials representing PGAs, including the OMB, the Agricultural Marketing Service, the Animal and Plant Health Inspection Service, the Consumer Product Safety Commission, FDA, the Federal Maritime Commission, the Transportation Department and Office of the U.S. Trade Representative, among others.

The proposals are intended to address four major “operational challenges” identified by the 21CCF focus group: unnecessary and redundant data; the lack of a true, unified “1USG” release and consistent trusted trader status across agencies; opportunities for export modernization; and a lack of “practical, responsible transparent” duty collection, particularly as it relates to antidumping and countervailing duties and forced labor.

Among the changes are amendments to the customs laws that would codify the concept of progressive filing and provide for pre-departure and pre-arrival release where CBP receives advance data. Parties other than importers, brokers or carriers would be able to transmit data used for admissibility determinations that would be referred to as a “facilitative transmission,” and would not constitute customs business. The importer could then adopt and authorize the data in an entry called a “certified facilitated entry.”

CBP would be required to “promulgate regulations to account for advance documentation or information available in the pre-departure or pre-arrival environment,” and, where “practicable,” provide “earlier release indications for the merchandise.” Another provision would provide for CBP to station officers overseas to make release determinations before the cargo leaves the foreign port.

Other proposed statutory changes would permit goods shipped from U.S.-based foreign-trade zones to qualify for de minimis treatment. In another change, redelivery would be limited to “posing imminent health, safety or security concerns.”

Also set for discussion are provisions that would encourage the Centers of Excellence and Expertise to “streamline admissibility and forced labor decision” and amend 19 USC 1307 to provide for the sharing of information by CBP with importers and advance notice detention due to forced labor prior to entry so the importer can respond with evidence. The list also includes a proposal to change the U.S. system of antidumping and countervailing duties so that they apply prospectively, as they do elsewhere around the world, rather than retroactively.

Statutory changes proposed by the focus group also would codify the Border Interagency Executive Council and set information sharing and coordinated risk management and trusted trader requirements among PGAs.

The focus group also created a “workbook” spreadsheet that it is using to track the status of its various proposals. Following its meeting with CBP and PGA officials, the 21CCF focus group will “provide a briefing” to the larger 21CCF Task Force on Oct. 21, White said in his email.