CBP Discusses its Initiatives on ACE, IP Disclosure, Inspections, Etc.

The following are highlights of his comments with regards to the Automated Commercial Environment, intellectual property rights, inspections, C-TPAT, etc.:

CBP to Deploy Trade’s High Priority ACE Functionality First, Developing PGA Data Elements Plan

With the remaining no-year and fiscal year 2010 funds, CBP will focus on developing and deploying ACE functionality that stakeholders have identified as priorities, including post summary corrections, document imaging, and rail and sea manifest. CBP will also lay the groundwork for the future deployment of cargo release functionality, air manifest, and the remaining entry summary types. In FY 2011, further development will be deferred while business and technical requirements for future development are clearly defined.

Furthermore, CBP is developing a plan to provide the addition of PGA Data Elements to the data currently received in the Automated Commercial System (ACS) using the ABI message layout. The data received by CBP in ACS will be transferred to ACE and stored and made available to the PGA via the ACE Portal. ACE will need to store the PGA data with the manifest/entry/entry summary data that CBP already collects for access and use by the PGA. This will allow PGA access to collected data for PGA and CBP in one database and available for PGA use as needed. Among the considerations for the implementation of this plan will be the initial cost, the timeline for implementation, the commitment of PGA to utilize the system, and the willingness of the trade to use the system for their PGA requirements.

CBP Looking into Providing Information to Identify IP Infringement before Seizure

CBP Counsel and the Department of Homeland Security Office of General Counsel personnel are working to determine whether CBP could disclose -- before seizure -- information that could be used to identify intellectual property infringement. CBP and DHS are exploring what legislative or regulatory changes (if any) would be needed to accomplish this task. They expect this position to be clarified during September 2010.

(See ITT’s Online Archives or 03/18/10 news, 10031815, for BP summary of CBP and COAC discussing various IPR projects, including legal issues for an IPR voluntary disclosure pilot needing to be resolved.)

Internal Guidance on Doing Non-Security Inspections at Port of Entry/Unlading

CBP agrees with industry recommendation that many non-security inspections should be conducted at the port of entry/unlading. On June 9, 2010, CBP’s Office of Field Operations reissued internal policy guidance directing that the performance of non-security and trade compliance inspections be done at ports of entry/unlading, versus at ports of arrival. Bersin notes that inspections for security, agricultural concerns, and some requirements imposed by other government agencies will still be conducted at ports of arrival.

CBP Training Import Specialists, Others on FTAs, Preference Programs, Textiles

OT has piloted a 2-week advance training session on free trade agreements, other preference programs, and textiles that will be rolled out in the summer of 2010 for import specialists and others charged with enforcing such provisions. This effort builds on recent upgrades of basic entry specialist training (completed), basic drawback specialist training (in progress), advance intellectual property rights training (in progress), and broker management training (piloting in June 2010).

CBP and TSA are Evaluating COAC’s Air Cargo Security Recommendations

CBP has been closely working with COAC’s Air Cargo Security Subcommittee to identify ways to simplify credentialing and identification required in the air cargo environment. COAC adopted recommendations on this topic at its last meeting in May. CBP and TSA are evaluating these recommendations and are working on several changes that will reduce the burden to the industry while still meeting the distinct security requirements of each agency. CBP intends to provide updates on progress in this area at upcoming COAC meetings.

(See ITT’s Online Archives or 06/04/10 news, 10060420, for BP summary of COAC submitting its recommendations.)

CBP to Hold Two C-TPAT Seminars Yearly, May Webcast C-TPAT Events

In response to the comment that a larger segment of the Customs-Trade Partnership Against Terrorism population should be afforded the opportunity to attend the highly popular annual C-TPAT conference, Bersin stated that CBP will begin to offer two annual seminars, one on the West Coast and one on the East Coast/Midwest.

Each seminar will accommodate approximately 1,200 attendees (2,400 total for both events). In addition to these larger annual seminars, CBP will continue to offer an annual seminar directed specifically to Northern Border highway carriers. CBP will also continue to offer smaller trade outreach sessions along the Southwest Border throughout the year. CBP is also exploring the possibility of webcasting these events.

¹Air Transport Association of America, American Association of Exporters and Importers, American Trucking Association, U.S. Business Alliance for Customs Modernization, Border Trade Alliance, Canadian/American Border Trade Alliance, Canadian Chamber of Commerce, Canadian Manufacturers & Exporters, Canadian Trucking Alliance, National Association of Foreign Trade Zones, National Association of Manufacturers, National Customs Brokers and Freight Forwarders of America, National Retail Federation, Retail Industry Leaders Association, and U.S. Chamber of Commerce.

Letter available via email by sending a request to documents@brokerpower.com