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 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
Trade Facilitation and Trade Enforcement Act of 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. 3
TFTEA and Trade Enforcement 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 4
What are Centers of Excellence and Expertise? 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. 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 5
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 6
What are the benefits? Action Benefits • Fewer cargo delays Eliminates unnecessary • Reduced costs duplicative work from • Greater predictability compliant imports • More complex enforcement work Ports of Entry focus shifts to • Improved enforcement results: high-risk shipments o Increased import safety o Increased revenue protection o Reduced economic loss to IPR theft • Improved relationship with CBP as Centralized office for trade inquiries small/medium-sized importers have a streamlined inquiry process for resolving concerns • Increased uniformity and transparency for the trade • Environment for in-depth learning to Cross-functional expertise increase CBP expertise and therefore enforcement 7
Centers of Excellence and Expertise Industrial & Manufacturing Materials Automotive & Pharmaceuticals, Base Metals Aerospace Health & Chemicals Apparel, Footwear & Textiles Electronics Consumer Products & Mass Merchandising Machinery Agriculture & Petroleum, Prepared Natural Gas & Products Minerals 8
Center Staff and Organizational Structure DFO ADFO/Trade Port Director Port Director Center Director Assistant Center Assistant Port Directors Assistant Port Directors Directors (Partnership, (Passenger, Tactical, Cargo) (Passenger, Tactical, Cargo) Enforcement, Validation & Compliance ) 9
Trade Processes Centers Ports Trade Admissibility Advice • • Cargo Release • Manifest Processing Entry Summary Reviews • • Cargo Holds and Examinations Free Trade Agreement Eligibility • Cargo Movement (permit to transfer, • Review inbond) • ADCVD Export Compliance • • Protests and Petitions Seizures and Penalties • • Appraisals • Agriculture Exams Post Summary Correction and Post • • Bonded Movements, Bonded Entry Adjustment Warehouses, and Foreign Trade • CEAR Process Zones Narcotics, Anti-Terrorism and Security • • Prior Disclosure Review Risks • Reconciliation • Importer Security Filing Review • Internal Advice • Quota Processing 10
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 11
Antidumping/Countervailing Duties (AD/CVD) CBP levels the playing field for domestic manufacturers and protects national economic security through the enforcement of Antidumping and Countervailing Duties • 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 12
Enforce and Protect Act (EAPA) Investigations 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. • 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. 13
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 14
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. 15
Base Metals Center Contact Diann Rodriguez Assistant Director, Enforcement Base Metals Center 312-542-5741 Diann.Rodriguez@cbp.dhs.gov 16
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