Monday Morning eBriefing

The National Ocean and Atmospheric Administration (NOAA) will soon begin implementing a far-reaching traceability program for imports of 11 species of seafood and products containing the seafood. Beginning January 1, new data elements must be submitted through ACE.

The U.S. Government Accountability Office (GAO - www.gao.gov) is composing a report on Great Lakes-St. Lawrence Seaway (GLSLS) shipping for the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. The GAO is an independent, nonpartisan agency that investigates how the federal government spends taxpayer dollars on behalf of Congress.

Earlier this Fall, all those designated as the primary contact to represent their company for the NCBFAA received a notice requesting them to confirm the accuracy of their corporate information in the NCBFAA databases. For those who have already responded, thank you; all others are encouraged to please take a few minutes to use the access credentials included in that email communication to review, and if necessary to update, your company's information

Last week, NCBFAA Executive Vice President Megan Montgomery was focused on diving into NCBFAA's relationship with CBP from the daily ACE status calls to continued discussions on the NCBFAA priorities. There was robust dialogue to follow up the well-attended East Coast Trade Symposium. She had the opportunity to spend time with American Shipper, working on our partnership for the upcoming year. She supported the ongoing NCBFAA Board's strategic planning initiative, to be fully unveiled at the 2018 Annual Meeting as the path forward for the Association for the next five years. Last week was also the week for the monthly "usual suspects" gathering at a fellow trade association office, where Executives of trade associations, who really understand the technical aspects of customs and trade, meet once a month to share information and strategy to help better serve our members by working together. Finally, amidst a desk full of general Trade Symposium follow-up, she dedicated time to the upcoming Annual Conference. With 2018 just around the corner, the Annual Conference will be here in the blink of an eye.

Beginning January 1, under the Seafood Import Monitoring Program (SIMP), importers are required to electronically submit detailed data elements for 11 species of seafood and seafood-containing food products, including: where the fish was caught, the type of net used, the name of the vessel, where the fish was off-loaded, the weight of the fish when it was off-loaded, the name of the processor, among other details.

CBP has activated its site for licensed brokers to pay their 2018 Customs Broker Triennial fees online and to file their Status Report. This is the preferred method to pay these triennial fees, which are due by February 1, 2018, at 11:59 p.m. EST. At this time, only triennial fees can be paid using this method. Brokers with a National and/or Local permit will need to submit payments to the Ports where these permits were issued.

CBP's recent East Coast Trade Symposium was a valuable opportunity for Customs and the trade to come together and share insights and ideas about the future of trade and trade regulation. NCBFAA President Geoff Powell was honored to be invited to participate in the first full session of the Symposium with a one-on-one interview with CBP Acting Commissioner Kevin McAleenan. Powell's questions included inquiries into the future direction of CBP's policy and focus, what keeps the Commissioner up at night, and the future of cargo and e-commerce management. The Commissioner's replies were insightful, in no way "needlessly verbose" and showed the attendees we are indeed lucky to have such an engaged and dynamic leader at CBP. The Commissioner let the audience know that CBP is focused on their 2020 strategy and looking beyond the next budget cycle to make a long-term plan for the agency that incorporates security, safety, compliance and the PGAs in a streamlined, meaningful and relevant way.

With year-end fast approaching and the holidays here, what better gift to share with someone (or yourself) than registering for the 2018 NCBFAA Annual Conference in beautiful Rancho Mirage, CA!

NCBFAA is encouraging our members to prepare for this transition in several ways. First, please consider working with your clients to move your entry filing dates up as much as possible to minimize the number of transactions CBP is processing in ACE over the deployment weekend. Please minimize the number entries, if possible, on the daily statements in order to control the environment as much as possible. We suggest you consider moving your statements that are due to be paid during the deployment week up early to avoid any miscues and non-payment. We also encourage you to reach out to your client rep to make sure they will be in the office during the deployment, and find out what your contingency plan should be if they will not be there. Find your best channel of communication with CBP ahead of the deployment so you will have the best chance of success in resolving an issue should one occur during the drop. We also recommend that you reach out to your software vendors to discuss their plans and how you can be the best partner possible for them during this deployment. Again, find a good communication channel with your vendor before the deployment so you won't have to spend precious time just trying to find the right person to speak with. Finally, you may consider sending a communication similar to the following to your clients:

On December 14, Rep. Peter King (R-NY) and Rep. Greg Meeks (D-NY) introduced the Customs Business Fairness Act (HR 4657) to provide relief to customs brokers for duties paid on behalf of importers who declare bankruptcy. Congressman King described the bill as "an effort to eliminate an unfair financial burden borne by customs brokers."

With the tax bill occupying center stage next week, there is little chance that deadlines for spending and trade can be met by the end of the week, which also will be the end of the First Session of the 115th Congress.

In a letter to the Bureau of the Census, the NCBFAA has submitted comments on Census' Advanced Notice of Proposed Rulemaking regarding standard and routed export transactions.

The American economy relies upon an international supply chain that can be made more efficient and resilient through private sector initiatives such as the creation of a National Seaport Information Portal.

NCBFAA is encouraging our members to prepare for this transition in several ways. First, please move your entry filing dates up as much as possible to minimize the number of transactions CBP is processing in ACE over the deployment weekend(s). Please minimize the number entries, if possible, on the daily statements in order to control the environment as much as possible. We suggest you move your statements that are due to be paid during the deployment week up early to avoid any miscues and non-payment. Remember to alert your clients if you move their statement dates so they too can have the best information possible. We also encourage you to reach out to your client rep to make sure they will be in the office during the deployment, and find out what your contingency plan should be if they will not be there. Find your best channel of communication with CBP ahead of the deployment so you will have the best chance of success in resolving an issue should one occur during the drop. We also recommend that you reach out to your software vendors to discuss their plans and how you can be the best partner possible for them during this deployment. Again, find a good communication channel with your vendor before the deployment so you won't have to spend precious time just trying to find the right person to speak with. Finally, you may consider sending a communication similar to the following to your clients:

New Federal Register Notice Published Concerning Statements in ACE - On Friday, December 8, 2017, U.S. Customs and Border Protection (CBP) issued CSMS # 17-000758 announcing the publication of a Federal Register Notice (FRN) communicating the delay of the transition of statement processing from the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE). Below is a hyperlink to the FRN Notice:

The November 30, 2017, edition of the Federal Register, beginning at page 56781, announced a new Notice of Proposed Rulemaking (NPRM) that could lead to a significant loosening of unnecessary regulatory burdens on NVOCCs. As you are hopefully well aware, the NCBFAA has long been urging the FMC to use its exemption authority to end mandatory rate tariff requirements for NVOs.

In a letter to the National Oceanic and Atmospheric Administration's ITDS Program Coordinator (NOAA), NCBFAA expressed concern about the trade's readiness to meet the agency's new extensive entry data requirements for 11 species of seafood and seafood-containing food products. Beginning January 1, under the Seafood Import Monitoring Program (SIMP), importers are required to electronically submit detailed data elements, including: where the fish was caught, the type of net used, the name of the vessel, where the fish was off-loaded, the weight of the fish when it was off-loaded, the name of the processor, among other details

NCBFAA Executive Vice President devoted time after the holiday break to planning NCBFAA's 2018 budgets and office focus. 2018 is shaping up to be a year of membership and growth for the NCBFAA, and she couldn't be more excited. She also continued to focus on the upcoming Annual Conference and getting the directory and Annual Report together in conjunction with the Annual Conference. She is very eager to connect with NCBFAA members who will be in attendance at both the Conference of the America's and the East Coast Trade Symposium this week.

NCBFAA filed a Petition for Reconsideration with the Federal Communication Commission (FCC), urging the Commission to reconsider the import requirements for radio frequency (RF) devices provided in a final rule published on November 2, 2017. In the Petition, NCBFAA explains that the rule inappropriately equates brokers with importers and consignees, who have an ownership interest in the product, are primary parties to the transaction and are most likely to be familiar with the product's technical characteristics.

NCBFAA has worked diligently with CBP in the wake of the most recent customs broker licensing exam to find a workable remedy for our future fellow members of the LCB community. NCBFAA's Customs Committee, Customs Counsel Alan Klestadt and EVP Megan Montgomery spearheaded a comment collection campaign to identify testing site issues, communicate with the LCB applicants, and worked with CBP to fashion a remedy that best serves the needs of CBP, the LCB community as a whole and the applicants themselves as well. CBP was eager to support the applicants who experienced test day issues and we were grateful for the opportunity to advocate on behalf of our members and future members. The final remedy included the opportunity for unsuccessful candidates to sit for a future exam free of additional charges and a renewed focus on getting the electronic testing perfected before the April 2018 exam. NCBFAA and CBP remain committed together to modernizing the brokers exam and deliver timely results to future applicants.