CBP is continuing its implementation of Executive Order 14411, Strengthening Customs Enforcement. In an Advance Notice of Proposed Rulemaking (ANPRM) scheduled for publication September 2, CBP is seeking industry input on potentially significant new requirements designed to give the agency greater visibility into the parties, documentation, and production processes behind goods imported into the United States.

Importantly, no new requirements are being imposed at this time. The ANPRM is an early step in the rulemaking process. CBP is soliciting comments through 64 questions, and the responses may ultimately be used to develop proposed regulations.

The proposals under consideration are broad and potentially consequential for importers. Key areas include:

  • Foreign export documentation. CBP is considering whether importers should be required to obtain, retain, or submit the documentation provided to foreign customs authorities—including foreign export declarations, commercial invoices, packing lists, certificates of origin, export licenses, and transportation documents. CBP is particularly interested in using this information to compare foreign export declarations against U.S. entry data and identify discrepancies involving value, classification, quantity, or origin.
  • Greater identification of supply-chain parties. CBP is questioning whether the longstanding Manufacturer Identification Code (MID) provides sufficient information and is exploring whether it should be enhanced or replaced with actual company names, physical addresses, and other identifiers for manufacturers, shippers, exporters, and potentially other parties involved in a transaction.
  • Global Business Identifiers (GBIs). CBP is considering expanded use—and potentially required use—of unique business identifiers to identify manufacturers, shippers, sellers, and other supply-chain participants. The identifiers currently being tested include D-U-N-S®, GLN, LEI and Altana ID.
  • Earlier and more detailed import data. CBP is asking whether supply-chain information should be provided earlier in the import process, including whether earlier entry filing deadlines would give CBP more time to review documentation and determine admissibility before arrival.
  • Technology and AI-driven supply-chain tracing. CBP is evaluating technology that could trace goods and raw materials through the supply chain, verify origin and production information, assign tamper-resistant credentials, and identify illegal transshipment. CBP is specifically asking what responsibility importers should have for using these technologies and how they could integrate with ACE.
  • Expanded CTPAT expectations. CBP is also considering whether CTPAT participants should be required to use enhanced supply-chain tracing technology, provide CBP visibility into that technology, and meet expanded cybersecurity and data-integrity requirements.
What This Means for Importers

While these are only concepts under consideration, the direction is noteworthy. CBP appears to be moving toward an environment in which importers may be expected to have much deeper visibility beyond their immediate supplier, including access to foreign export records, more precise identification of supply-chain parties, and potentially technology capable of tracing goods and production inputs further upstream.

The proposal also highlights the increasing importance of reconciling foreign and U.S. trade data. CBP specifically asks what controls importers should use to identify differences between foreign export documentation and U.S. entry data and how those differences should be explained.

There is nothing importers are required to change today. However, companies should begin considering how readily they could obtain this information from foreign suppliers and whether their current supply-chain data, recordkeeping practices, and systems would support these types of requirements.

CBP is specifically requesting industry feedback on feasibility, costs, operational burden, implementation timelines, and whether requirements should vary for small businesses, CTPAT participants, high-volume filers, commodities, countries, entry types, or transportation modes.

Shapiro will continue to monitor this rulemaking closely and keep you apprised as CBP moves from concepts toward any actual proposed requirements.