The event, which will be moderated by Maryavis Bokal, a Senior International Trade Specialist at the US Deparment of Commerce, will discuss the highlights of these new agreements, and to answer the question of what does it mean for American businesses?

For more details, and to register, click here.

Users will need to subscribe to the “Late ISF Importer Report (PDF).”   Use the steps below to subscribe to the new report:

1. After logging onto the ACE Secure Data Portal, select the References Tab.
2. Select Launch ISF.
3. Select Reports.
4. Select Subscribe to Reports.
5. Select the Late ISF Importer Report (PDF).

Filers are reminded that the “By Filer By Importer Report” is available in both a PDF and an Excel format.

CBP’s official notice is available here.

As pointed out by the discussions, the most obvious factors to consider in staffing levels are:

• Import volume – entries and ISFs
• Degree of complexity of entries
• Average line items per entry
• Number of ports/shipping lanes used
• Involvement of OGAs
• Degree of system automation

Additionally, the staffing number will also depend on whether the importer uses the services of a customs broker or self-files entries/ISFs.

• If using a broker, the compliance staff must determine the level of involvement needed to provide the broker with all of the relevant information, to be available for follow-up questions and other oversight, and, most important, to audit the broker’s performance.
• If self-filing, the importer must have resources dedicated to filing, including self-auditing.  In many cases, the number of employees necessary for direct filing may be the same or even less than that are required to oversee a broker, since the importer is more familiar with the particulars of their import stream, and it is more efficient to not use external parties.

In addition to entries/ ISFs, the staffing number will be affected by other responsibilities that the compliance staff will undertake, such as maintaining a compliance manual, employee training, product classification, filing PEAs, lodging protests, performing reconciliations, etc.

Beyond the specific number of import compliance personnel, another issue for an importer to consider is the type of positions that need to be created.   For example, the compliance department could need a supervisor, entry specialists, pre-entry specialists, and/or post-entry audit staff.

Moreover, there is some debate as to whether an importer needs a licensed customs broker on staff.  On the positive side, an LCB generally has more knowledge of the regulations than those who did not go through the licensing process.  Also, US Customs may view having an LCB on staff as a sign of the importer’s commitment to exercising “reasonable care.”  On the other hand, LCBs usually require a significantly higher salary, which may not be justified if there are other non-licensed experienced staffers who have a similar command of the regulations.

An import compliance department may augment its staff by “borrowing” from other departments.  For example, one respondent described her company’s situation:

…[O]ur shipping department contributes to our “Trade Compliance” program without being in our [international trade compliance] department….  Shipping interfaces with the shipping company and our homeland warehousing, while my department does the work with our Customs Broker, US Customs and our factory and manufacturing vendors for our scheduling, pricing/costs, problems, classifications, regulatory reporting ad the C-TPAT program….  I also draw from the Accounting Department for 1 or 2 people when needed for tasks that impact financial aspects…. These “borrowed” staffers are trained by us and frankly enjoy the change of scenery from their usual jobs.  All these instances of “sharing” personnel from different department help control our costs and department size.

And, of course, an import department may augment its staff by outsourcing certain functions to outside attorney, accountants, consultants and the like.

The Global Trade Compliance Professionals LinkedIn group page is available here (membership required).

While CBP works to find a resolution, the agency has proposed a potential interim solution — the removal of the security patch. Customs has provided steps “to back out the Microsoft Internet Explorer version 8 security patch KB2585542.”  The official notice containing the removal steps can be found here.   (Per CBP, these steps are not to be considered official guidance by Microsoft and are to be used at the ACE account owner’s discretion.)

US Customs has published a list of helpful FAQs for the triennial reports, which also include a link to a sample report.

Middle Harbor “by itself would rank as the fourth busiest seaport in the nation.”  It will “add on-dock rail to eliminate truck trips and allow ships to plug into the electrical grid, eliminating the need for them to idle their diesel engines.”

The deal also contemplates that OOCL will take a 40-year, $4.6 billion lease.

The full story,  “$4.6 billion lease being finalized at Long Beach port,” is available here.

As reported in American Shipper, the CEEs were created to expedite processing of imports in two different industries – consumer electronics in Los Angeles and pharmaceuticals in New York.  To develop the program, CPB worked closely with a select group of importers in each industry (who were also enrolled in C-TPAT and ISA).

In the pilot program for pharmaceuticals which lead to the launch of the CEEs,

…small teams of [CBP] commodity specialists trained with leading pharmaceutical companies to learn how their supply chains operate and monitored the way CBP examines cargo from trusted shippers.  The units identified which shippers are at risk for regulatory violations or government-caused shipping delays.  CBP officials say they found many non-productive exams and document reviews being conducted, or cargo detained for clerical rather than substantive reasons.  The experts then educated officers at ports how to make better decisions about whether to hold, examine or release consignments, thereby removing unnecessary holds for low-risk cargo.

Given the success of the pilot, the two CEEs officially launched in LA and NY.  Required import documents for these two industries are now routed to the respective industry centers for validation, protest, PEAs/PSCs and more.  Revenue collection will still occur in the ports of entry.

Although there are still issues related to legal, policy, personnel and process before the centers “achieve full operational processing capabilities,” CBP plans to roll out additional CEEs for the following industries:

• Agriculture and prepared products
• Automotive and aerospace
• Base metals and machinery
• Consumer products
• Customs brokers
• Industrial and manufacturing materials
• Petroleum, natural gas and chemicals
• Textiles, apparel and footwear

The full article, “Customer service at the border,” is available here (site registration required).

As reported in American Shipper, the number of entries filed in ACE (as opposed to ACS, which is being phased out), has increased from 1% to 3% as of November 2011, a small yet signficant jump.  This is no doubt due to recent ACE enhancements, as well as the growing encouragement by CBP, and National Customs Brokers and Forwarders Association of America, for the trade to transition to filing entries in the ever-improving ACE.

US Customs’s emphasis on ACE is quite apparent from the agency’s 2011 ACE Wrap-up:

January

• CBP hosted a Webinar for brokers and importers on Working with ACE Forms and Declarations

February

• CBP deployed fixes to AD/CVD Messages and the Entry Summary Universe report dates

April

• CBP made a security update to the ACE Portal discontinuing the use of SSL 
protocol while maintaining the use of the TLS protocol
• CBP hosted the 2011 Trade Symposium

May

• A revised version of the Entry Summary Business Rules and Process Document 
was posted to CBP.gov

June

• The first PSC entry summary was filed successfully in ACE production
• A draft version of the PGA Message Set was posted to CBP.gov CBP successfully 
deployed Post Summary Corrections
• An updated version of the Post Summary Corrections Web Based Training was 
made available to the trade

July

• A link was provided from the ACE Portal to the Importer Security Filing (ISF) Portal for accounts to receive their monthly ISF Progress Reports
• CBP began sharing data from the ACE Truck e-Manifest system with the Federal Motor Carrier Safety Administration (FMCSA)

August

• e-Manifest: Rail and Sea Web Based Training was made available to the trade
• CBP successfully deployed ACE e-Manifest: Rail and Sea

September

• CBP hosted a Webinar for brokers and importers on Post Summary Corrections
• Mandatory use of post summary corrections for entry summaries file in ACE
• CBP delivered the new Courtesy Notice of Liquidation Report
• CBP hosted the Trade Support Network Plenary session

October

• CBP hosted a Webinar for importers on the Courtesy Notice of Liquidation report

November

• CBP began successfully accepting ocean manifests from trade participants in ACE

December

• CBP began successfully accepting rail manifests from trade participants in ACE
• Officers at Baltimore, Brownsville, and Buffalo began using
• ACE M1 for all ocean 
and rail processing
• CBP hosted a Webinar for rail and sea carriers on ACE portal navigation
• CBP hosted a Webinar for rail and sea carriers, brokers and importers on running 
the new Multi-Modal Manifest Reports

The America Shipper article, “ACE participation picks up,” can be found here. (site registration required).  The ACE wrap-up, and other ACE related news, are available in CBP’s December 2011 ACE Trade Account Owner Update.

As reported in our blog post of September 28, Bersin was named to his position in a recess appointment by President Obama nearly 2 years ago, raising the ire of the Senate Finance Committee who sought to interrogate him about possible violation of immigration laws regarding hired household help.

Now that the Senate has adjourned without confirming his appointment, Bersin has resigned from the post in advance of its expiration at year end.

Overall, the trade was quite satisfied with the progress that Bersin made in helping to streamline the agency and facilitate trade with modernization efforts.

Deputy Commission David Aguilar will serve as Acting Commissioner.

In response to anti-dumping concerns, in 2008 the United States imposed significant duties on Chinese honey.  Almost immediately, shipments of Chinese honey ceased, while imports of honey from China’s neighbors, such as Malaysia, Taiwan and Indonesia – with no commercial beekeeping history – increased markedly.

Scientific analysis of that honey revealed an absence of pollen present in those countries, but typical of pollen found in China, leading to charges of false labeling and fraud.

Now, with an sudden surge in honey imports from India, another Chinese neighbor, some members of the US honey industry have established True Source Honey, LLC, an organization that certifies foreign honey as authentically from the stated country of origin through audits, lab analysis and random inspection of honey producers.

Read or listen to NPR’s story, “Funny honey?  Bringing Trust to a Sector Full of Suspicion.”