On today's U.S. Customs and Border Protection (CBP) trade update call, CBP updated the trade on the phasing in of new in-bond enforcement. Last fall, they were made aware of some issues surrounding enforcement and planned on having meetings in January to prepare for the February meeting. Since there have been no meetings, CBP will be pushing back the February 6 in-bond enforcement for no less than 30 days. There will be additional information forthcoming, but there is nothing in February that you will need to worry about in regard to the enforcement date.
CBP also announced that if the government is not open by January 18, they will postpone COAC and another trade event taking place in Washington, D.C. Also, the comment period for the 21st Century Customs Framework will not be extended. All comments must be submitted by 5:00 p.m. EST on February 4.
CBP clarified information surrounding the issuing of overtime. CBP is allowed to spend/use overtime during the furlough at the Ports of Entry. They are currently operating under a Continuing Resolution (CR) to start 2019. As there is no fiscal year 2019 budget, CBP does not know what their overtime budget will be. Field managers have been directed to be "very prudent" when assigning overtime. The migrant caravan significantly depleted CBP's overtime resources. The ports have been advised that they cannot overspend, as CBP headquarters cannot support a bailout later in the year. The unknowns of not having a 2019 budget require them to be cautious with overtime.
As far as additional upcoming issues, there will be a special sugar tariff-rate quota opening on January 23, starting at 12:01 a.m. and lasting until 12:00 p.m. A CSMS message is forthcoming and will also include information regarding the shutdown. Form 5106 is scheduled to deploy on February 9. It has been in certification since the beginning of December. CBP has decided that if they are still operating under a shutdown on February 1, they will delay the implementation in ABI. CBP also confirmed that it will be deployed in both ABI and the web portal when it is ready for deployment. They confirmed that once the new Form 5106 is deployed, the old Form will no longer work. When the issue of a late determination for those working in software was raised, CBP said they will take it under advisement. They will talk to their systems workers about the possibility of a 30-day transition but do not envision running concurrent forms.
CBP reiterated that, through the shutdown, you should continue using the 2018 CBMA guidance as nothing has been released for 2019.
A question was asked about the shutdown of global entry lanes in San Francisco and whether there is a delay for passengers. CBP responded by saying that, yes, global entry is shut down, but the kiosks are up and running. As for delays for passengers, CBP stated that airports, land borders and seaports are not experiencing any impact in operations. There is also no notifiable uptick in sick-time.
When asked about if there were any challenges in vessels being cleared, CBP responded by saying there should be no delays.
CBP has stated that they are not aware of any delays surrounding ACH. ACH employees are working and average a 5 day turn around.
According to CBP, no ITRAC reports being processed.
As for whether ISF reports were being impacted, CBP said there should be no change but will follow-up.
There are also no changes to refunds. There is also an issue with Section 301 exclusions, but HTS employees are furloughed. There is no ability for PSC or change to forward looking entries possible. They are currently in a holding pattern until the end of the shutdown.
