CBP Prioritizes HQ Ruling Backlog, to Conduct Outreach on Regs, Rulings
On July 23, 2010, U.S. Customs and Border Protection Commissioner Alan Bersin sent a letter to 16 trade and industry groups1 responding to a list of proposals that were presented to him to improve Customs regulations and operations.
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The following are highlights of his comments with regard to ruling backlogs:
CBP has Backlog of Protests and Internal Advice Requests at Headquarters
CBP does have a backlog of protests and internal advice requests at Headquarters. Bersin states that he has made reducing this backlog a priority. ORR put together a “rulings blitz” in which personnel normally assigned to other duties are assigned rulings. Since the beginning of the FY, CBP has issued 152 protest review decisions and 45 internal advice decisions. CBP intends to add additional personnel to the branches responsible for these cases. In addition, CBP is piloting a project to make increased use of its National Commodity Specialist Division in the analysis of these cases.
CBP Developing Process to Conduct Outreach on Substantive Regs, Rulings
CBP is developing an internal process to highlight to CBP management any substantive regulatory initiatives, major proposed rulings, and modifications of existing rulings prior to their publication. This will enable CBP to, consistent with legal requirements, conduct outreach and consultation with the Hill, the trade community, and other government agencies earlier. CBP believes that such a process will enable it to have a better appreciation of the impact that such proposed changes may have on the trade and on other stakeholders.
OT Assistant Commissioner is Reviewing “1625” Rulings
As CBP has clarified in numerous trade meetings, the Assistant Commission, Office of the International Trade (OT) does not review every ruling that is issued. However, based on complaints from the trade and Congress that CBP is making policy changes without proper consultation with the Hill and the trade, the Assistant Commissioner does review the “1625” rulings (19 USC 1625 rulings are published in the Customs Bulletin; there are less than 100 per year) that result in a change of position and, where appropriate, reviews the potential impact with the affected committees.
Average Processing Times for Prospective Rulings
With respect to the issuance of rulings during this fiscal year, the National Commodity Specialist Division has issued 3,495 prospective rulings in an average processing time of 19 days. At CBP Headquarters, the Office of Regulations and Rulings (ORR) has issued 625 prospective rulings with an average processing time within 90 days.
1Air Transport Association of America, American Association of Exporters and Importers, American Trucking Association, U.S. Business Alliance for Customs Modernization, Border Trade Alliance, Canadian/American Border Trade Alliance, Canadian Chamber of Commerce, Canadian Manufacturers & Exporters, Canadian Trucking Alliance, National Association of Foreign Trade Zones, National Association of Manufacturers, National Customs Brokers and Freight Forwarders of America, National Retail Federation, Retail Industry Leaders Association, and U.S. Chamber of Commerce.
Letter available via email by sending a request to documents@brokerpower.com