Customs Reauthorization Bill Emphasizes Customs Facilitation, Trade Enforcement

(World Trade Interactive)

Senate Finance Committee Chairman Max Baucus, D-Mont., and Ranking Member Charles Grassley, R-Iowa, introduced Aug. 6 a customs reauthorization bill designed to strengthen U.S. Customs and Border Protection’s customs facilitation and trade enforcement efforts. The two lawmakers emphasized that one of the measure’s primary aims is to “reprioritize the trade functions” of CBP.

According to a joint press release, the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009 includes the following provisions.

New Offices and Positions
The bill creates

(1) a new principal deputy CBP commissioner whose responsibilities include overseeing CBP’s commercial operations and coordinating customs facilitation and trade enforcement training programs for agency personnel,

(2) an Office of Trade within CBP that will assume the functions and personnel of the existing offices of International Trade, International Affairs and Trade Relations,

(3) a Customs Facilitation and Trade Enforcement Division within CBP’s Office of Field Operations,

(4) a new trade advocate to act as a liaison between CBP and the private sector, including on customs facilitation and trade enforcement efforts, and

(5) a director of trade policy within the Department of Homeland Security’s Office of Policy and Planning who must coordinate with CBP to ensure that international trade interests are considered when DHS develops and implements policies.

Enforcement Measures
CBP will be explicitly allowed to use the mandatory advance information it collects for commercial enforcement purposes.

CBP and U.S. Immigration and Customs Enforcement will prepare, in consultation with the Commercial Operations Advisory Committee and the Trade Support Network, a biennial joint strategic plan outlining their plans to improve the enforcement of customs and trade laws as well as trade facilitation.

A new Commercial Targeting Division within CBP’s Office of Trade will target imports that may violate U.S. customs and trade laws, with particular focus on laws and regulations related to intellectual property rights, health and safety, agriculture, textiles and apparel, general revenue and non-general revenue, such as antidumping and countervailing duties. The CTD is required to establish methodologies for evaluating the risk that imports may violate U.S. customs and trade laws and for issuing trade alerts when it determines that cargo may violate such laws. Trade alerts may direct further inspection or physical examination or testing of merchandise by port personnel.

CBP will be required to assign at least 40 commercial enforcement officers to supervise all trade enforcement activities at the 40 busiest ports of entry.

Read the complete summary here.