As part of an effort to assuage U.S. Customs and Border Protection post-departure filing concerns, the Commercial Customs Operations Advisory Committee (COAC) is developing a concept that correlates the two filings.
Members of U.S. Customs and Border Protection’s (CBP’s) Commercial Customs Operations Advisory Committee (COAC) have developed a “concept” to address agency concerns associated with post-departure filing, and are focusing on how such a program could work “in conjunction with the electronic export manifest,” according to a document published before the COAC’s quarterly meeting held Feb. 28.
“The proposal is under review by CBP to determine if the CBP identified concerns have been addressed, determine if the program is operationally viable, and if any adjustments are necessary,” according to a meeting document of the COAC Export Subcommittee Post-Departure Filing Working Group posted to CBP’s website before the advisory group’s meeting in Miami.
No data elements required for submission under the post-departure filing program will be eliminated, and the program will remain a privilege-based filing program, with not all exporters eligible, the document says.
All exporters previously approved for post-departure filing will be required to reapply to participate in the future post-departure filing program, with a separate application period to be established for potential new participants, according to the document.
CBP plans to announce a formal post-departure pilot “some time during FY 2018,” the document says.
“CBP is committed to maintaining post-departure filing of Census information as part of the overall export process,” the COAC document says. The agency “believes that much of the nation’s export security and enforcement needs can be moved from the export filing requirements of AES [the Automated Export System] to an export manifest process, allowing the continuation of the post departure exemption.”
Regulatory changes to 19 CFR Part 192 and 15 CFR Part 30 by CBP and the Census Bureau may be required for implementation of post-departure filing, the document says.
The subcommittee in November made several recommendations to ensure export filings uphold national security via stronger linking of export manifest and AES filings, including post-departure filings.
Among those recommendations were for CBP and Census to require U.S. Principal Parties in Interest (USPPI) to provide the AES post-departure citation to indirect air carriers, and to require those carriers to include post-departure citations in their Automated Commercial Environment house bill filings.
Also, the subcommittee in November had recommended for direct shipments requiring AES filings to require the USPPI to provide post-departure citations to the air carrier, and for CBP to require that carrier to include such citations in their straight air waybill ACE filings.
While not stating specifically what its ongoing proof-of-concept exercise for greater linkage of export manifest and post-departure filings entails, the Post-Departure Filing Working Group’s February COAC meeting document notes the group is testing the proposal with one ocean carrier.
The “identified carrier” is working toward certification and the ability to file electronic export manifest data for one or more post-departure filers, according to the document.
The document adds that expansion to more participants “will be required” to produce “a comprehensive result that covers all types of industries.”
The COAC approved a recommendation during Wednesday’s meeting calling for CBP to work with Census and carriers participating in the automated export manifest pilot to identify post-departure filers to participate in testing of the manifest pilot, and another recommendation urging CBP to utilize, in the “nearest possible timeframe,” the export pilot to validate the concept of a low-risk exporter program.
An agricultural-based post-departure program has been “vaguely discussed” in the Post-Departure Filing Working Group, with “very limited suggestions” for how the “program might work for ag exporters,” the working group’s preparatory document says.
“The working group will identify two current Option 4 participants willing to participate in the testing for both regular exporters and ag exporters,” the document says.
It is anticipated that CBP will roll out an electronic truck manifest pilot sometime in fiscal 2018, according to a document published by the COAC Export Subcommittee Export Manifest Working Group.
COAC is evaluating 17 recommendations made by the Truck Manifest Working Group for inclusion in the proposed pilot, the document says.
Further, it’s anticipated that CBP will publish a notice of proposed rulemaking to modify regulations to require the electronic export manifest for rail carriers to be first published in FY18, the document says.
CBP is currently evaluating data elements being submitted and time frames for their submissions in the air, ocean and rail manifest pilots, the document says.
The Export Manifest Working Group has discussed examinations outside the port of export, which will be piloted “when developed as a business process,” the document says. The COAC has developed an outline of the business process document, and relevant COAC input is “being ready” for insertion into a draft.
While Export Manifest Working Group members have requested progressive filing on the electronic export manifest, regulations would have to require that carriers and non-vessel-operating common carriers/indirect air carriers (freight forwarders) be required to submit portions of manifest early with next-level carriers submitting master bills “within timeframes,” the document says. “There have been discussions around conveyance level submission of final manifests and departures, especially for air carriers, post departure, but CBP has requested prior to departure within reasonable timelines or no time specified.”
CBP advisory committee conceptualizes post-departure filing linkage with export manifest
