How the Government Shutdown Affects the U.S. Trade Community
Updated: Jan 24, 2019
During the U.S. federal government shutdown, trade processing and the movement of cargo will be prioritized. However, a number of its other trade-related functions have been put on hold. Below summarizes the current status of these services provided by CBP and other members of the trade community.
Most cargo processing operations are being maintained. Traders experiencing cargo delays should contact the applicable port of entry or Center of Excellence and Expertise.
CBP employees still working include CEE directors and assistant directors, entry specialists, import specialists, some information technology staff (though not ABI representatives), and Fines, Penalties, and Forfeitures staff.
National account managers have been furloughed.
Entry liquidations are still being done, though without refunds where applicable, and the Automated Clearinghouse is fully functional for duty payments.
CBP has halted work on rulings (though the eRulings portal is still accepting requests), regulatory audits, and refunds (e.g., drawback, protests, post-summary corrections, though interest will eventually be paid where applicable).
CBP is still enforcing deadlines for the trade community (e.g., protest and drawback claims, CF 28/29 responses, Enforce and Protect Act duty evasion proceedings, audits) but its own responses may not be held to normal timelines.
The Environmental Protection Agency is largely shut down but CBP has a protocol for handling critical EPA-regulated cargo release issues through port of entry or CEE officials.
Food and Drug Administration trade functions such as prior notice processing are continuing to operate.
HTSUS records were updated prior to the winter holiday and are mostly current for 2019 but do not reflect any developments since the shutdown began. Customs brokers have access to most 2019 duty rates through their ABI systems but the online searchable, PDF, and paper versions of the HTSUS made available by the International Trade Commission will not be available until after ITC staff return to duty.
Problems related to changes in the HTSUS for reporting units of measure cannot be resolved at this time because both CBP and ITC staff who handle this issue are furloughed.
CBP is not capable of processing the Section 301 tariff exclusions recently approved by the Office of the U.S. Trade Representative or addressing additional exclusion requests and will issue further instructions after the shutdown ends.
There have been no major issues with the opening or processing of quotas, some of which (e.g., steel) are already closed.
Source: Sandler, Travis & Rosenberg, P.A. International Trade, Customs & Trade Law
For up-to-date information regarding the government shutdown and how it is affecting the trade community, visit NCBFAA's Government Guidance shutdown information page, which is updated as new information develops.