Work Toward Section 321 Rulemaking Is Ongoing, CBP Official Says
CBP is still aiming to propose rules for a Section 321 data collection process that are based on the Section 321 data pilot and Entry Type 86 test (see 2101290033), said Christopher Mabelitini, acting director, Intellectual Property Rights & E-Commerce Division, July 18 during CBP’s Trade Facilitation and Cargo Security Summit. "What we're working on, to expand off of the current pilots we have now and to bring the two together, is a draft regulatory framework that's being drafted this year," he said. Mabelitini said he expects a two- to three-year time frame to get the draft notice out for public comment.
CBP thinks many companies "want to do the right thing and don't mind giving extra data to CBP," said James Moore, CBP program manager, Cargo Security & Control Division. "You want to do the right thing, and you're looking forward to that relationship" with CBP. "We think that we're really going to start to see a separation out from the companies that are supplying the data and the ones that aren't. Now just because you aren't supplying the data doesn't mean that you're a bad actor. But at the same time, we're going to have different risk levels associated with the data and without the data and really we have to treat shipments that do not provide all these added elements as higher-risk."
CBP continues to be interested in getting more data from resellers in other countries, but some issues remain. "There's a challenge there because of data privacy restrictions amongst government entities," said Brandon Lord, deputy executive director, Trade Policy & Programs, at CBP. "I think that's something that we can certainly look more into, but CBP's approach to this problem is sort of similar to how we handle formal entries," he said. "There are entities out there, private-sector entities, that will be responsible for filing appropriate data with CBP to be able to take advantage of this new process." But, "unfortunately, a lot of the privacy and data restriction laws and other countries, frankly, don't really, really allow for that yet." The data sharing issue is something being looked at now at the World Customs Organization, Mabelitini said.
While CBP declined to weigh in on the merits of legislation that could change the Section 321 rules, Lord said ACE is a flexible system and the agency is "confident in our ability to enforce the laws of the United States in whatever format Congress may choose to pass."