COAC Releases Proposed 21CCF Task Force Recommendations
Final recommendations of the 21st Century Customs Framework Modernization task force include mandatory partner government agency trusted trader programs under the CTPAT framework and authorization to reduce the merchandise processing fee (MPF) for CTPAT members, among other things, according to a document released in advance of a vote on the recommendations at the June 29 meeting of the Commercial Customs Operations Advisory Committee.
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“Each PGA with authority to detain and release merchandise” should be required to “set forth CTPAT-PGA minimum security and compliance criteria and to implement a program for importers, exporters, and other appropriate parties, providing benefits, facilitating the release of cargo, minimizing inspections and exams, limiting the recall of merchandise into custody as well as other tangible, meaningful benefits that CBP and PGA’s develop in collaboration with the COAC,” the document said. PGAs would not be limited from developing their own additional trusted trader programs.
The statute on MPF should be modified “in an effort to codify the ability to reduce Merchandise Processing Fee (MPF) for CTPAT Trade Compliance members and ensure MPF is allocated to CBP for operations and automation,” said another recommendation from industry included in the document.
The two recommendations are included under a sub-section for statutory changes proposed by industry for further discussion. The document also includes a list of statutes for which “21CCF statutory changes” should be “finalized” after working with the COAC to “further develop sub-statutory concepts,” as well as a list of CBP-proposed statutory changes that must be further discussed.
Other industry-proposed changes include automatically treating manifest and customs declaration data in all transportation modes as confidential business information, and codifying PGA engagement with the trade. Contrary to the notion at CBP that funding discussions may be left out of the 21CCF (see 2109230031), the list also says legislation should authorize "the necessary amounts to carry out improvements in a uniform 1USG single window cargo admissibility, release, and summary, specifically related to improvements in the Automated Commercial Environment and the International Trade Data System and to carry out a government-wide CTPAT-PTGA program via the CBP CTPAT portal for each of fiscal years 2023 through 2027,” though it doesn’t list a statutory home for the provision.
Among “sub-statutory” topics that should be discussed before the 21CCF statutory changes that are further along the road are finalized are: enhancing data sharing between PGAs and CBP; harmonizing PGA data collection and analytics; account-based processing; and evaluating “opportunities to enhance entry processing and explore other modernization opportunities.”
The proposed recommendations are the product of an effort that began with a 21CCF task force, and went up through a smaller 21CCF focus group before being sent for consideration by the COAC, said a report prepared by the COAC ahead of the meeting. The work parallels legislative discussion drafts circulating in Congress, said another document prepared by CBP that was recently released by the COAC. “21CCF priorities are also gaining traction in Congress, most notably with Senator Bill Cassidy (R-LA) and Senator Sheldon Whitehouse’s (D-RI) draft ‘Customs Modernization Act of 2021,’” the document said. “This bill aligns closely with the 21CCF vision and was shared with the trade industry in November 2021 to solicit their feedback.”
A 21CCF “White Paper” also has been developed to provide “an executive summary, timeline of activities, COAC position for each proposed statute, and an overview of trade modernization opportunities,” the COAC report said. The white paper had not yet been released as of press time.