Tim Warren

BALTIMORE -- The role of the Centers of Excellence and Expertise as a liaison between the port and the other government agencies is expected to grow as the program matures, said CBP and industry panelists while discussing the program at the East Coast Trade Symposium on Nov. 5. CBP is set to continue its expanded use of the CEEs, with plans to open the Apparel CEE to the entire industry by the end of the year (see 1511040014). While speaking with reporters on Nov. 4, Todd Owen, assistant commissioner of CBP’s Office of Field Operations, said the other six CEEs will also open to entire industries by June.

The National Customs Brokers & Forwarders Association of America called for further CBP caution ahead of the planned Feb. 28 transition date for use of the Automated Commercial Environment, the trade group said in an "open letter to importers and exporters." The agency is "challenged in having too few trade technical resources that are available to support the transition into the new system, restricting the ability of brokers to successfully implement the ACE system," the group said in the letter (here). The letter also includes a list of what the NCBFAA considers to be criteria for a successful implementation date.

CBP should modernize its regulations to make it easier to use Electronic Cargo Security Devices (ECSDs) on containers, the CBP Commercial Operations Advisory Committee said (here) at the Oct. 29 meeting. The Global Supply Chain Subcommittee recommendations (here) call for ECSDs to be "universally accepted as an instrument of international traffic." The COAC input on the ECSDs came in response to a request from the Department of Homeland Security (see 1504240011) that the committee take a look at the "operational, regulatory, and policy challenges" for such devices (here).

Camelbak hydration packs imported without the water-delivery components are classifiable as an insulated beverage bags, said CBP in an Aug. 19 internal advice ruling (here). The ruling, HQ H248811, makes use of classification instructions handed down by the U.S.Court of Appeals for the Federal Circuit in 2011 (see 11062315). In that case, the CAFC shot down a classification approved by CBP and the Court of International Trade of hydration packs as back packs. The CAFC has since used that ruling as precdent for considering use as a factor for "eo nomine" tariff provisions (see 14080420).

Imported carpet tiles are not considered to be "made up," CBP said in an Aug. 3 ruling. CBP made the ruling in response to an application for further review submitted by the importer Brintons USA, which said that the carpet tiles should be classified "made up," in part because the tiles are ready for use immediately after import. The ruling number is HQ H133215 (here).

PALM SPRINGS, Calif. -- CBP is planning a number of major changes to its approach to broker management, moving such work away from individual ports and to the Centers of Excellence and Expertise, said Richard Wortman, a lawyer with Grunfeld Desiderio who spoke at the Western Cargo Conference Oct. 17. Headquarters will continue to have overall control, but the legwork will be handled at the CEEs across the country, he said. Wortman discussed broker management changes and a number of other expected updates being contemplated as part of revisions to customs broker regulations.

PALM SPRINGS, Calif. -- Still lackluster filing rates in the Automated Commercial Environment for cargo release have Brenda Smith, CBP assistant commissioner for the Office of International Trade, already nervous about whether industry will be ready for the Feb. 28 mandatory use date, she said at the Western Cargo Conference on Oct. 16. While still optimistic, with around 10 percent of cargo release filings using ACE, she said there's some major concern. "Are we going to make Feb. 28?," she asked. "With these numbers? I don't think so."

The Federal Communications Commission should be careful not to add new regulatory requirements if it eliminates use of FCC Form 740, the Telecommunications Industry Association said in comments to the FCC (here) on the agency's proposal to revise import requirements, among other things (see 1508110024). "Simply eliminating Form 740 will not achieve the FCC’s goal" to reduce administrative burdens "if the proposal simply shifts the obligation to importers to provide the same data elements to CBP," the trade group said. TIA and other filers, including Google and the CEA, offered general support for the end of Form 740, while seeking various tweaks to the FCC's proposal.

Iceland will join the revised International Convention on the Simplification and Harmonization of Customs Procedures, said the World Customs Organization in a press release (here). Iceland recently sent the WCO the instrument of accession, it said. Iceland will become the 103rd contracting party to the agreement on Jan. 8, said the WCO.

CBP spelled out its plans for shutting down the Automated Commercial System and requiring the Automated Commercial Environment for electronic filing in an interim final rule (here), as expected (see 1509300020). The interim rule explains that ACE will be an authorized Electronic Data Interchange system as of Nov. 1 and that CBP will phase out ACS as an authorized EDI. CBP will also end pilot programs and adjust its regulations as part of the change to ACE, it said. Comments are due Nov. 12.