Cent nter ers o of Excelle ellenc nce a e and E d Exper ertis - - PowerPoint PPT Presentation

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Cent nter ers o of Excelle ellenc nce a e and E d Exper ertis - - PowerPoint PPT Presentation

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Depar partment nt of Homel eland and Secur urity Custom oms and d Borde der Prot otec ection on Cent nter ers o of Excelle ellenc nce a e and E d Exper ertis ise 1 CBP Cargo and Trade Enforcement CBP works to ensure a

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CBP Cargo and Trade Enforcement

CBP works to ensure a fair and competitive trade environment where the benefits of trade compliance exceed the costly consequences of violating U.S. trade laws. A proactive, aggressive, and dynamic trade enforcement and facilitation system protects the American consumer and supports the benefits of international trade.

Each day CBP:

  • Seizes or removes

439 illegal commercial shipments

  • Collects $122.7

million in fees, duties, taxes

  • Processes $6.3

billion in trade

  • Facilitates release of

89,315 entries of merchandise

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Trade Facilitation and Trade Enforcement Act

  • f 2015 (TFTEA)
  • The Trade Facilitation and Trade Enforcement Act of 2015 was signed into law on

February 24, 2016 and is the first comprehensive authorization of U.S. Customs and Border Protection (CBP) since the Department of Homeland Security’s conception in 2003, with the overall objective to ensure a fair and competitive trade environment.

  • TFTEA supports the follow CBP efforts to meet the demands and complexities of a rapidly

evolving global supply chain:

  • Protect U.S. Economic Security through Trade Enforcement;
  • Affirm the Agency’s Private Sector Engagement; and
  • Streamline and Modernize Processes through Business Transformation
  • The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) provides a new

approach to trade enforcement.

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TFTEA and Trade Enforcement

  • TFTEA complements and bolsters

CBP's existing initiatives to enhance trade facilitation and enforcement, such as ACE development, Trusted Trader programs, and the Centers of Excellence and Expertise.

  • TFTEA also gives CBP more tools

to better enforce ADCVD, IPR and Forced Labor and establishes the EAPA Allegation process, raises the De Minimis value from $200 to $800 TFTEA and Trade Enforcement

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What are Centers of Excellence and Expertise?

  • Industry-focused and account-based points of virtual

processing for post-release trade activities

  • Aligned by 10 key industry sectors in strategic

locations

  • Consolidate existing expertise and build industry-

specific education to authoritatively facilitate trade

  • Provide national overview of accounts (importers) to

identify areas for further facilitation or corrective action

  • Serve as a resource to the broader trade community

and to CBP’s U.S. government partners The Centers of Excellence and Expertise strengthen America’s economic competitiveness and security through integrated industry knowledge and expertise, innovative trade processing procedures and trend analysis, global collaboration, and strategic and impactful trade enforcement actions.

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Goals of Centers

  • Increase industry-based knowledge within CBP
  • Advance cross-education to raise industry knowledge
  • Engage industry groups and key stakeholders
  • Identify industry trends and commercial threats
  • Facilitate legitimate trade through effective risk segmentation
  • Utilize account based methods to process trade
  • Expand partnerships - move more importers to trusted trader status
  • Develop and implement comprehensive strategies to manage risk
  • Enhance enforcement and address industry risks
  • Leverage industry to identify issues of mutual interest to provide CBP with

targeting, enforcement, and/or intelligence information

  • Coordinate enforcement efforts by industry to address unique risks

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What are the benefits?

Action Benefits Eliminates unnecessary duplicative work from compliant imports

  • Fewer cargo delays
  • Reduced costs
  • Greater predictability

Ports of Entry focus shifts to high-risk shipments

  • More complex enforcement work
  • Improved enforcement results:
  • Increased import safety
  • Increased revenue protection
  • Reduced economic loss to IPR theft

Centralized office for trade inquiries

  • Improved relationship with CBP as

small/medium-sized importers have a streamlined inquiry process for resolving concerns

  • Increased uniformity and transparency

for the trade Cross-functional expertise

  • Environment for in-depth learning to

increase CBP expertise and therefore enforcement

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Apparel, Footwear & Textiles Electronics Machinery

Centers of Excellence and Expertise

Petroleum, Natural Gas & Minerals Agriculture & Prepared Products Consumer Products & Mass Merchandising Base Metals Automotive & Aerospace Industrial & Manufacturing Materials Pharmaceuticals, Health & Chemicals 8

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Center Staff and Organizational Structure

DFO Port Director

Assistant Port Directors (Passenger, Tactical, Cargo)

Port Director

Assistant Port Directors (Passenger, Tactical, Cargo)

Center Director

Assistant Center Directors (Partnership, Enforcement, Validation & Compliance )

ADFO/Trade

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Trade Processes

Ports

  • Cargo Release
  • Manifest Processing
  • Cargo Holds and Examinations
  • Cargo Movement (permit to transfer,

inbond)

  • Export Compliance
  • Seizures and Penalties
  • Agriculture Exams
  • Bonded Movements, Bonded

Warehouses, and Foreign Trade Zones

  • Narcotics, Anti-Terrorism and Security

Risks

  • Importer Security Filing Review

Centers

  • Trade Admissibility Advice
  • Entry Summary Reviews
  • Free Trade Agreement Eligibility

Review

  • ADCVD
  • Protests and Petitions
  • Appraisals
  • Post Summary Correction and Post

Entry Adjustment

  • CEAR Process
  • Prior Disclosure Review
  • Reconciliation
  • Internal Advice
  • Quota Processing

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Base Metals Center

  • Headquartered at the Chicago Field Office in Chicago, Illinois.
  • Specializes in steel, steel mill products, ferrous and non-ferrous metals.
  • HTS headings 7201-7308, 7312-7320, 7322, 7324-7326, 7401-7419, 7501-7508,

7601-7616, 7801-7806, 7901-7907,8001-8007, 8101-8113, 8307-8311

  • Represents 5% of total imports; responsible for 55% of ADCVD cases
  • Drawn Stainless Steel Sinks
  • Certain Steel Nails
  • Pipes and Tubes
  • Aluminum Extrusions
  • Steel Wire Hangers

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Antidumping/Countervailing Duties (AD/CVD)

  • As of March 5, 2018, CBP actively enforces 435 AD/CVD orders
  • In Fiscal Year 2017, $13.3 billion of imported goods were subject to AD/CVD, with $1.5

billion collected by CBP in AD/CVD cash deposits

  • Creation of a dedicated Trade Enforcement Task Force to detect high-risk activity and

disrupt illicit trade networks evading AD/CVD

  • Partnering and collaborating with trade and industry stakeholders to enforce AD/CVD

Orders

  • Partnering with the steel industry to deliver seminars to CBP, other U.S. government

trade personnel, and customs brokers

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CBP levels the playing field for domestic manufacturers and protects national economic security through the enforcement of Antidumping and Countervailing Duties

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Enforce and Protect Act (EAPA) Investigations

  • EAPA investigations are on-the-record and multi-party administrative proceedings

where parties can both participate in and learn the outcome of the investigation. More information is available on CBP.gov.

  • EAPA benefits businesses by providing greater transparency into CBP's efforts to

address AD/CVD evasion and level the playing field for importers.

  • EAPA also permits a party the right to file an administrative appeal and

subsequently to file suit in the U.S. Court of International Trade.

  • These investigations must meet tight statutory and regulatory deadlines, as

shown below.

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The Enforce and Protect Act (EAPA), part of TFTEA, provides CBP with new authority to investigate allegations that a U.S. importer is evading its payment of antidumping and countervailing duties (AD/CVD) on its entries.

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Executive Orders

  • Omnibus Trade Investigation EO:
  • Secretary of Commerce and USTR will submit a report in 90 days highlighting

extensive trade abuses that American companies face in the global market place

  • Country by country, product by product
  • Collecting ADCVD EO:
  • US unable to collect billions of dollars in ADCVD duties
  • DHS, in consultation with Secretaries of Commerce, Treasury and USTR to

develop plans for imposing appropriate bonding requirements

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Section 232

  • CBP will enforce the remedies imposed by the President under Section

232 on imports of Steel and Aluminum from covered countries into the U.S.

  • CBP will be issuing a cargo systems messaging service (CSMS) message

with information on how imported merchandise subject to additional duties set forth in Section 232, should be reported to CBP.

  • Imports subject to these measures will be processed through CBP’s

Automated Commercial Environment (ACE) entry processing system.

  • ACE is CBP’s primary system through which the trade community

reports imports and exports information, and which CBP uses to determine admissibility and duty requirements for imported goods.

  • CBP will be closely monitoring importers’ compliance with the Section

232 measures.

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Base Metals Center Contact

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Diann Rodriguez Assistant Director, Enforcement Base Metals Center 312-542-5741 Diann.Rodriguez@cbp.dhs.gov

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